IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 Bail Appl..No. 908 of 2009() ---------------------------------------- (CRIME NO.14/2009 OF VELLARIKUNDU POLICE STATION) PETITIONER/ACCUSED NO.4(IN CUSTODY): ----------------------------------------------------------------- N.BABURAJ, AGED 39 YEARS, S/O.LATE NARKALAN, KURUVATTA HOUSE, THALAKULAM, BALAL VILLAGE, KASARAGODE DISTRICT. BY ADV. ,MR.JAWAHAR JOSE RESPONDENT(S): STATE: --------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI. BY PUBLIC PROSECUTOR MR. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M. SASIDHARAN NAMBIAR, J. ------------------------------------------------- B.A.No.908 OF 2009 -------------------------------------------------- Dated this the 27th day of February, 2009 O R D E R Petitioner is the fourth accused in Crime 14 of 2009 of Vellarikundu police station. Prosecution case is that all the accused in that case formed themselves into an unlawful assembly with the common object of rioting and attacking the police party and armed with sticks, attacked the police party at Balal on 8.2.2009 at about 1.15 a.m. and thereby committed offences under section 143, 147, 148, 341, 332 and 308 read with section 149 of Indian Penal Code. Petitioner was arrested on 12.2.2009 and since then he is in judicial custody. Though petitioner filed bail application before Judicial First Class Magistrate-II, Hosdurg, it was dismissed. 2. Learned counsel appearing for petitioner and learned Public Prosecutor were heard. 3. Learned Public Prosecutor opposed the application making available the CD file stating that the investigation is at the early stage. Learning counsel appearing for petitioner B.A.908/2009 2 pointed out that the prosecution case is only that the Head Constable was beaten with hands and in such circumstances the petitioner is entitled to get an order of bail. 4. On perusing the CD file and considering the fact that petitioner has been in custody from 12.2.2009 and the nature of the offences alleged and the overtacts, I find that it is a fit case where petitioner could be granted bail on conditions. Petitioner is granted bail on executing a bond for Rs.10,000/- with two solvent sureties for the like sum to the satisfaction of Judicial First Class Magistrate-II, Hosdurg. Petitioner shall not influence or threaten the witnesses and shall not leave the state without the permission of the learned Magistrate. Petitioner shall make himself available for interrogation as and when directed by the investigating officer. M. SASIDHARAN NAMBIAR, JUDGE okb