IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 Bail Appl..No. 2040 of 2010() -------------------------------- CRIME NO. 116/2010 0F PARIYARAM MEDICAL COLLEGE POLICE STATION, KANNUR DISTRICT .................. PETITIONERS/ACCUSED : ----------------------------- 1. MUHAMMED SHAREEK, S/O.ABDUL RASHEED, AGED 20 YEARS, PALAKODAN HOUSE, CHITHAPPILE POYIL, PARIYARAM AMSOM, KANNUR DISTRICT. 2. MUHAMMED SALIH, S/O. ABOOBACKER, AGED 19 YEARS, KADAVATHEPURAYIL HOUSE, CHITHAPPILE POYIL,PARIYARAM AMSOM, KANNUR DISTRICT. BY ADVS. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT/STATE: ------------------------- STATE OF KERALA, THROUGH STATION HOUSE OFFICER, PARIYARAM MEDICAL COLLEGE POLICE STATION, KANNUR DISTRICT. BY SRI. C.M. KAMMAPPU PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2040 of 2010 ------------------------------------ Dated this the 7th day of April, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.4 and 7 in Crime No.116/2010 of Pariyaram Medical College Police Station, Kannur District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 452, 324, 326 and 308 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 25.03.2010. The petitioners were arrested on 25.03.2010 itself. It is stated that the occurrence was as a result of clashes between the members of Indian Union Muslim League and Communist Party of India (Marxist). 4. 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. B.A. No. 2040 of 2010 2 5. The 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 Judicial Magistrate of the First Class, Payyannur 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, 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 try to influence the prosecution witnesses or tamper with the evidence. D) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. E) 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 ln