IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 Bail Appl..No. 5911 of 2008() ----------------------------- CRIME NO.453/08 OF PAVARATTY POLICE STATION PETITIONERS ------------------------------- 1. VIJEESH, AGED 22 YEARS, S/O.CHANDRAN, KUNDU HOUSE, P.O.MARUTHAYOOR, PAVARATTY VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT. 2. SHAJI.A.V., AGED 32 YEARS, S/O.VELAYUDHAN, AYAMPARAMBIL HOUSE, P.O.MARUTHAYOOR, PAVARATTY VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV. SRI.RAJIT RESPONDENTS(S): ---------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 5911 of 2008 ----------------------------------------- Dated this the 24th September, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 120(B), 153 (A), 143, 147, 148, 341, 326 and 307 read with 149 of Indian Penal Code and 27 of the Arms Act. According to prosecution, 10 persons formed into an unlawful assembly and committed the various offences and attempted to commit murder of the de facto complainant on 21.8.2008 at about 12.30 PM. 3. Petitioners are accused 8 and 9. They were arrested on 24.8.2008. Learned counsel for petitioners submitted that the petitioners are absolutely innocent of the allegations made. Except that they are R.S.S workers, they have no role in the offence. It is pointed out that as per the First Information Statement, only four persons are involved in the offence, though not named. But, at present, ten persons are implicated and this was done because of the political rivalry. 4. This petition is opposed. Learned Public Prosecutor submitted that a tension is prevailing in the locality even now BA.5911/08 2 and if the petitioners are released on bail, it will create law and order problem in the locality. Accused 2 to 5 are not yet arrested. Therefore, bail may not be granted, it is submitted. 5. Learned counsel for petitioners submitted that there were series of cases and counter cases and in some of the cases bail was granted by this Court (vide orders dated 5.9.2008 in BA.No.5571/2008 and 15.9.2008 in BA.Nos.5641 and 5642 of 2008). Therefore, it may not be correct to say that the release of the petitioners would disturb the peace in the locality. This objection is raised only to resist the release of the petitioners on bail, it is submitted. On hearing both sides, I find that bail can be granted to the petitioners on stringent conditions. Hence, petitioners are granted bail on their executing bond for Rs.50,000/- each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate concerned, on the following conditions: i) Petitioners shall report before the Circle Inspector of Police, Chavakkad on every Monday between 10 AM and 1 PM until further orders. BA.5911/08 3 ii) Petitioners shall not enter the limits of the police station within which the crime is registered, except with the previous permission of the Magistrate Court concerned. iv) Petitioners shall not tamper with evidence or influence the witnesses or intimidate them or commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.