IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 Bail Appl..No. 4569 of 2008() ----------------------------- CMP.3964/2008 IN CRIME NO.266/08 OF FEROKE POLICE STATION .................... PETITIONERS : ACCUSED NOS.1 TO 3 ----------------- 1. SUNDARAN, S/O.MANU 30/08, KUNNATHVALAPPIL SAVAKANDIPARAMBA, NEAR BADRAKALI TEMPLE, BEYPORE. 2. ANSI, S/O.ABBAS, 24/08, PUTHIYAPURAYIL HOUSE, SAVAKANDIPARAMBA NEAR BADRAKALI TEMPLE, BEYPORE. 3. RAFI, S/O.ABDULLA KOYA, 22/08, PARAMBATH HOUSE, PARAPPARAKKUNNU, NEAR KOLAL NADAKKAVU SCHOOL, PANTHEERANKAVU. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: COMPLAINANT ------------- 1. SUB INSPECTOR OF POLICE, FEROKE POLICE STATION. 2. THE CIRCLE INSPECTOR OF POLICE CHERUVANNUR. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------------- Bail Application No.4569 of 2008 --------------------------------------- Dated this the 18th day of July, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 143, 147, 148 and 353 read with Section 149 IPC. According to the prosecution, on 3.7.2008, the Sub Inspector of Police and party received information that illegal mining of river sand is being carried on at Chaliyar river. Thereupon the Circle Inspector and party reached the place of incident at about 5.15 p.m. and the petitioners and others were found engaged in sand mining in 13 boats. On seeing the police, some of them ran away and the petitioners were arrested. The others who escaped from the scene pelted stones at the police party and committed various offences. A crime is registered under the above provisions and the petitioners are accused Nos. 1 to 3. 3. This petition is not opposed. But learned public prosecutor submitted that stringent conditions may be imposed while granting bail. BA No.4569/08 2 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. (ii) Petitioners shall report before the Investigating Officer on every alternate day between 10 a.m. to 1 p.m. until further orders. (iii) Petitioners shall not leave the limits of the police station within which the crime is registered except with the previous permission of the Magistrate court concerned. The petition is allowed. K.HEMA, JUDGE csl