IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 Bail Appl..No. 247 of 2010() ---------------------------- CMP.9886/2009 of J.M.F.C.,TALIPARAMBA CRIME NO.800/09 OF TALIPARAMBA POLICE STATION .................... PETITIONER/6TH ACCUSED ------------------------------------------ M.SANTHOSH @ SANTHOSH KUMAR, S/O.P.KUNHIKANNAN, "SREENIVAS", OTTAPPALA NAGAR, KARIMBAM P.O. TALIPARAMBA. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, STATION HOUSE OFFICER, TALIPARAMBA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/01/2010, ALONG WITH BA NO.248 OF 2010 AND OTHERS, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.Nos.247, 248, 249 & 258 of 2010 --------------------------------------------- Dated this the 21st day of January, 2010 ORDER The petitioner, namely, M.Santhosh @ Santhosh Kumar is accused No.6 in Crime Nos.800 of 2009, 799 of 2009, 804 of 2009 and 803 of 2009 of Taliparamba Police Station in respect of which Bail Application Nos.247, 248, 249 and 258 of 2010 respectively are filed under Section 439 of the Code of Criminal Procedure. 2. The offences alleged against the accused persons are under Sections 143, 147, 153 and 436 read with Section 149 of the Indian Penal Code. 3. It is stated that there was a series of clashes between workers of two political parties, namely, Communist Party of India (Marxist) and Indian Union Muslim League. The allegation is that the accused persons set fire to three motor bikes and a car. Accordingly, four crimes were registered against the petitioner and others. 4. It is submitted that in respect of the connected cases, BA Nos.247/2010 & conn. 2 bail was granted to the accused persons by this Court. 5. 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. The petitioner shall be released on bail on his executing bond for Rs.25,000/- in each case with two solvent sureties each 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, 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; c) The petitioner shall surrender his passport before the Judicial Magistrate of the First Class, Taliparamba within a period of one week from today. If the petitioner does not hold an Indian passport, an affidavit sworn to by him to that effect shall be filed within one week before the learned Magistrate; d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioner shall not commit any offence or indulge in BA Nos.247/2010 & conn. 3 any prejudicial activity while on bail; f) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Applications are allowed as above. K.T.SANKARAN, JUDGE csl