IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 Bail Appl..No. 7543 of 2008() ----------------------------- CMP.7349/2008 of ADDL.DISTRICT COURT-I,MAVELIKKARA CRIME NO.156/08 OF VENMONY POLICE STATION PETITIONERS/ACCUSED NO.1, 3 & 4 --------------------------------------------------- 1. SIVAN PILLAI, AGED 51 YEARS, S/O.GOPALA PILLAI, MATHERKALLIL VEEDU, VENMONY PADINJATTOM MURI, VENMONY VILLAGE. 2. SREEJITH @ SREEKUTTAN, AGED 23 YEARS, S/O.GOPINATHAN NAIR, HARISREE MANDIRAM, VENMONY ERUM MURI, VENMONY VILLAGE. 3. SARATH, AGED 19 YEARS, S/O.VENU, THOTTALIL VEEDU, VENMONY ERUM MURI, VENMONY VILLAGE. BY ADV. SRI.P.S.SREEDHARAN PILLAI RESPONDENT(S): COMPLAINANT/STATE -------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.7543 of 2008 ----------------------------------------- Dated this the 18th December, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 143, 147, 148, 450, 324, 326, 307, 120B, 511 and 436 read with 149 of the Indian Penal Code. According to prosecution, on 12.10.2008 at 2 AM, petitioners (accused 1, 3 and 4) along with other accused, who are workers of BJP/RSS, formed into an unlawful assembly and armed with deadly weapons, committed rioting and trespassed into residential house of de facto complainant and caused damage to the house and they also assaulted de facto complainant and inflicted injuries on him, his parents and brother. 3. First accused was arrested on 12.10.2008 and accused 3 and 4 were arrested on 14.10.2008. 4. Learned Public Prosecutor submitted that the incident occurred due to political rivalry. But, he has no objection in granting bail by imposing stringent conditions. BA.7543/08 2 5. On hearing both sides, I am satisfied that bail can be granted to petitioners on conditions. Hence, bail is granted to petitioners on the following terms and conditions: i) Petitioners shall execute bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. ii) Petitioners shall report before the investigating officer on every Monday, Wednesday and Saturday between 10 AM and 1 PM until further orders. iii). Petitioners shall not enter the limits of the police station within which the crime is registered, except for compliance of the condition in clause (ii) above. 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.