IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 Bail Appl..No. 70 of 2009(A) -------------------------------------- ( CR. NO. 517/2008 OF BECKAL POLICE STATION) .................... PETITIONERS/ ACCUSED NOS. 7,8 & 9: -------------------------------------------------------- 1. IRSHAD, AGED 21 YEARS, S/O. MOHAMMED ASHRAF, THEKKEPPURAM PALLIKKARA, KASARAGOD DISTRICT. 2. RASHEED, AGED 19 YEARS, S/O. ABDUL RAHMAN, THEKKEPPURAM PALLIKKARA, KASARAGOD DISTRICT. 3. SAINAL ABID, AGED 21 YEARS, S/O. P.K.AHAMMED, THEKKEPPURAM, PALLIKKARA, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH. RESPONDENTS: ------------------------ 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, (CR.NO. 517 OF 2008 OF BECKAL POLICE STATION, KASARAGOD DISTRICT. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/01/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 70 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 13th day of January,2009 O R D E R Petition for bail. 2. The alleged offences are under sections 143, 147, 148, 153A, 341, 427 and 333 read with section 149 IPC. According to prosecution, on 8-12-2008 two groups, one belonging to Hindu community and another belonging to Muslim community, in order to promote communal hatred, started pelting stones against each other and when the police came to the scene, they pelted stones against police also. The case was registered against all those persons belonging to both the communities. 3. Petitioners are accused 7, 8 and 9 in the crime. They surrendered before the court on 20-12-2008. Learned Public Prosecutor submitted that he has no objection in granting bail but stringent conditions may be imposed. 4. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. 5. Hence, petitioners shall be released on bail on their executing a bond for Rs.25,000/- each with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate, on the following conditions:- 1) Petitioners shall report before the Dy.S.P., BA 70/09 -2- Kasaragod on every alternate day between 10 a.m. and 1 p.m. until further orders. 2) Petitioners shall not enter the limits of the police station within which the crime is registered except with the permission of the learned Magistrate. 3) Petitioners shall not intimidate or influence any witness or commit any offence while on bail and in case breach of this condition, bail is liable to be cancelled. This petition is allowed. K.HEMA, JUDGE. mn.