IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 Bail Appl..No. 6281 of 2008() ----------------------------- CRIME NO.622/2008 OF VALAPATTANAM POLICE STATION .................... PETITIONERS/ACCUSED NOS.6,7,8 AND 10 ------------------------------------------------------- 1. T.V.MAHAROOF, S/O.MOIDU, THATTAN VALAPPIL HOUSE, PAPPINISSERY, KANNUR. 2. SAJID K.P. S/O. HAMEED, AGED 23 YEARS, KIZHAKKEPURAYIL, PARAKKAL, P.O.AROLI, VALAPATTANAM, 3. ANEES K.A. S/O.AMEER, AGED 24 YEARS,SHARMI MANZIL, PAPPINISSERY WEST, PAPPINISSERY. 4. RAZAK P.,S/O.MUHAMMED KUNHI, AGED 25 YEARS, PARAKKAL HOUSE, P.O.AROLI, PARAKKAL, PAPPINISERY. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, VALAPATTANAM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.6281 of 2008 ------------------------------------------------- Dated this the 15th day of October, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 143, 147, 148, 341, 324 and 307 read with Section 149 IPC. According to prosecution, petitioners along with other accused assaulted the defacto complainant, who was riding a bicycle, and formed themselves into an unlawful assembly, armed with sword stick, iron rod etc. and attempted to commit murder. 3. Learned counsel for the petitioners submitted that the petitioners are accused nos. 6, 7, 8 and 10 in the crime. They are in custody for the past 63, 54, 44 and 25 days respectively. 4. Learned public prosecutor submitted this is an offshoot of a political rivalry and he has no objection in granting bail to the petitioners, but, stringent conditions may be imposed. Hence, bail is granted to the 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. BA No.6281/08 2 (ii) Petitioners shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. (iii) Petitioners shall not enter the limits of the police station within which the crime is registered except for compliance of direction in clause no.(ii). (iv) Petitioners shall not 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 allowed. K.HEMA, JUDGE csl