IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 Bail Appl..No. 9627 of 2011() ----------------------------- CRIME NO.953/2011 OF VENJARAMOOD POLICE STATION, THIRUVANANTHAPURAM APPLICANTS : ACCUSED 3, 5, 6 & 8 ---------------------------------------- 1. AL SAJEER, S/O.SAINUDEEN, BUNGLAW VILA VEEDU, THANDRAPOYKA, NELLANAD MURI, NELLANAD VILLAGE. 2. ANILKUMAR, S/O.SOMAN NAIR, MANALIYIL VEEDU, MANALLMUKKU, MANIKAL MURI, NELLANAD VILLAGE. 3. RAJESH, S/O.SURENDRAN, THADATHARIKATHU VEEDU, MARIYATH, MANIKAL MURI, NELLANAD VILLAGE. 4. MANIKANADAN, S/O.RAMACHANDRAN, KOTTAYIKONAMVILA PUTHAN VEEDU, UDIMODU, NELLANAD VILLAGE. BY ADV. SRI.THOMAS ABRAHAM RESPONDENT(S): COMPLAINANT ------------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SUB INSPECTOR OF POLICE, VENJARAMMOODU POLICE STATION, TRIVANDRUM DISTRICT. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9627 of 2011 --------------------------- Dated this the 28th day of November, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.3, 5, 6 and 8 in Crime No.953 of 2011 of Venjaramoodu Police Station, Thiruvananthapuram. 2. The offences alleged against the accused are under Sections 143, 147, 148, 149, 324, 326 and 427 of the Indian Penal Code. It is stated that offence under Section 308 IPC was originally included but it was subsequently deleted. 3. The prosecution case is the following : On 16.9.2011 at about 6 P.M., there was a protest march by the AIYF. When the march reached Venjaramoodu junction, the activists of CPI(M)/DYFI/CITU attacked the participants in the protest march with dangerous weapons and caused serious injuries to the de facto complainant and others. It is submitted that the protest march was against the price hike of petrol. The BA 9627/11 2 de facto complainant sustained fracture of right tibia and left tibia. Others also sustained injuries. 4. The learned counsel for the petitioners submitted that there was a political clash and members belonging to both sides sustained injuries. 5. The petitioners filed B.A.No.8339 of 2011, which was dismissed by the order dated 17th October, 2011. Investigation has progressed much thereafter. 6. The learned Public Prosecutor submitted that accused No.3 is involved in seven crimes, accused No.6 is involved in five crimes and accused No.5 is involved in two other crimes. 7. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners. BA 9627/11 3 The petitioners shall be released on bail on their executing bond for ` 25,000/- (Rupees Twenty Five Thousand only) each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Nedumangad, subject to the following conditions: A) The petitioners 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 petitioners shall appear before the investigating officer for interrogation as and when required; C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; D) The petitioners 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