IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 Bail Appl..No. 398 of 2010() ---------------------------- Cr.NO.706/09 OF TALIPARAMBA POLICE STATION, KANNUR DT. .................... PETITIONER/ACCUSED NO.13 -------------------------------------------- JAFFER SADIQUE @ JAFFER, S/O.ABDULLA, AGED 41 YEARS, MADATHIL HOUSE, VELLIKKEEL, PATTUVAM AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT(S): COMPLAINANT ----------------------------------------------- STATE, THROUGH THE STATION HOUSE OFFICER TALIPARAMBA POLICE STATION, KANNUR DISTRICT. (CRIME NO.706/09 OF TALIPARAMBA POLICE STATION, KANNUR DISTRICT.),REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.398 of 2010 --------------------------------------------- Dated this the 28th day of January, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.13 in Cr.No.706 of 2009 of Taliparamba Police Station, Kannur District. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 307, 332, 395 and 427 read with Section 149 of the Indian Penal Code and Section 3(2)(c) of the PDPP Act. 3. The gist of the prosecution case is the following: A tense situation was prevailing in Chenayannur at Taliparamba on account of the clashes between the workers of Communist Party of India (Marxist) and the Indian Union Muslim League. The police party were taking a vigil over the area. On 15.11.2009 at 4.30 PM, 45 persons belonging to Muslim League came on fifteen motor bikes. The police party intercepted those vehicles. At that time, the aforesaid 45 persons attacked the police party with deadly weapons, resulting in the police officers sustaining BA No.398/2010 2 injuries. It is also alleged that those persons destroyed a police jeep. 4. The petitioner was arrested on 7.1.2010. He was remanded to judicial custody. 5. As per the order dated 15th December, 2009 in Bail Application No.7211 of 2009, bail was granted to accused Nos.1 to 8 in the case. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. 7. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Taliparamba, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays for a period of two months and thereafter, on all Mondays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; BA No.398/2010 3 c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE csl