IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 Bail Appl..No. 5283 of 2008(A) ------------------------------------- CRMP.3538/2008 of J.M.F.C.,KUNNAMKULAM CRIME NO.263/2008 OF THE VADAKKEKKAD POLICE STATION .................... PETITIONERS/ACCUSED NOS.1,3,4, AND 6 : ----------------------------------------------------- 1. KHALEEL,S/O ABDUL KHADER, AGED 27 YEARS, VALIYAKATH VEEDU, PANANTHARA DESOM, PUNNAYURKULAM VILLAGE. 2. ATHIL, S/O ABDU RAHIMAN, AGED 20 YEARS, THECHANPURAKKAL HOUSE, MANDALAMKUNNU BEACH DESOM, 3. NOUSHAD, W/O MOIDU, AGED 25 YEARS, THECHANPURAKKAL HOUSE, ANDATHODU, PAPPALI DESOM, 4. SADAKKATHALI, S/O HAMSA, AGED 20 YEARS, THECHANPURAKKAL HOUSE, MANDALAMKUNNU WELL DESOM. BY ADV. SRI.SUNNY MATHEW RESPONDENT/COMPLAINANT : ------------------------------------ 1. THE SUB INSPECTOR OF POLICE, VADAKKEKKAD POLICE STATION. 2. THE CIRCLE INSPECTOR OF POLICE, CHAVAKKAD POLICE STATION. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.5283 OF 2008 ------------------------------ Dated this the 4th day of September, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 143, 147, 148, 341, 324, 326 and 307 read with Section 149 of the Indian Penal Code. According to the prosecution, on 22.04.2008 at about 6 p.m. petitioners along with other accused formed themselves into an unlawful assembly, armed with deadly weapons such as swords, iron pipes etc. and assaulted the defacto complainant and attempted to commit murder. The petitioners were arrested on 09.08.2008 and they are in custody since then. 3. Learned Public Prosecutor submitted that there are several cases registered against the 1st accused and he is now wanted for detention under the Kerala Anti Social-Activities (Prevention) Act, 2007. Therefore, he has objection in granting bail to the 1st accused but regarding the other accused, he has no objection in granting bail, but conditions may be imposed. After hearing both sides, I find that bail can be granted to the accused Nos.3, 4 and 6 and the following order is passed: B.A.5283/2008 2 1. The request for bail by the 1st accused is rejected. 2. Accused Nos.3, 4 and 6 shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties each for like sum to the satisfaction of the Magistrate court concerned, on the following conditions : (i) Accused Nos.3, 4 and 6 shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. (ii) Accused Nos.3, 4 and 6 shall not influence or intimidate any witness or tamper with evidence or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is partly allowed. K.HEMA, JUDGE pac