IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 Bail Appl..No. 8542 of 2011() ----------------------------- CRIME NO.708/11 OF KOYILANDY POLICE STATION .................... PETITIONERS/ACCUSED 1,2,5,15 AND 8 : ---------------------------------------------- 1. DASAN,S/O.NARAYANAN,MANAPPURAMKANDI VANMUGHAM AMSOM,CHINGAPURAM DESOM,KOZHIKODE. 2. MIDHUN,S/O.CHANDRAN,MOILERI,VANMUGHAM AMSOM,VEERAVANCHERI DESOM,KOZHIKODE. 3. SREEJITH,S/O.GOVINDANKUTTY NAIR, KODOTHKANDY HOUSE, VANMUGHAM AMSOM, VEERAVANCHERI DESOM, KOZHIKODE. 4. KALEESH KUMAR.M.K,S/O.BALAN, PARAPURAKATTIL HOUSE,VANMUGHAM AMSOM, VEERAVANCHERI , KOZHIKODE. 5. SAJEESH KUMAR,S/O.PADMANABHAN, KATTUKUTTIKUNI HOUSE,CHINGAPURAM PO, MOODADI AMSOM,VEERAVANCHERI , KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): COMPLAINANT -------------------------- 1. SUB INSPECTOR OF POLICE, KOYILANDY POLICE STATION,KOZHIKODE 673 303. 2. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-31. PUBLIC PROSECUTOR SRI.T.K.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8542 of 2011 --------------------------- Dated this the 21st day of October, 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.1, 2, 5, 15 and 8 respectively in Crime No.708 of 2011 of Koyilandy Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 460, 427, 324, 326 and 307 read with Section 149 of the Indian Penal Code and Sections 3 and 5 of the Explosive Substances Act. 3. The prosecution case is that on 26.8.2011 at 11 P.M., the accused persons forcibly entered into the house of the de facto complainant and attacked him with dangerous weapons like swords and iron rods and caused serious injuries to him. BA 8542/11 2 4. The learned Public Prosecutor submitted that a tense situation prevails in the area due to the clashes between two political parties. It is also submitted that against the petitioners and others 5 other cases involving similar political clashes are pending. 5. Accused Nos.1, 2, 5 and 15 surrendered before the police on 26.9.2011 and accused No.8 surrendered before the police on 13.9.2011. On production before court, they were remanded to judicial custody. 6. 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 with effect from 10.11.2011. The petitioners shall be released on bail only on 10.11.2011 on their executing bond for ` 25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial BA 8542/11 3 Magistrate of the First Class, Koyilandy, 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 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 enter into the limits of Koyilandy Police Station for a period of two months except for complying with conditions (A) and (B); D) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; E) The petitioners shall not commit any offence or indulge in 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 Application is allowed as above. K.T.SANKARAN JUDGE csl