IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 Bail Appl..No. 823 of 2010() -------------------------------- C.R.NO. 707/2009 OF TALIPARAMBA POLICE STATION ............................. PETITIONERS/ACCUSED NO.14 & 15 ------------------------------------------------- 1. N.U.SHAFI, S/O.ABDULLA, AGED 23 YEARS, NALARAKKETTIL UNDA HOUSE, MUKKOLA, TALIPARAMBA PO, TALIPARAMBA TALIPARAMBA TALUK, KANNUR DISTRICT. 2. K.M.SHAMEEM, S/O.MUSTHAFA, AGED 23 YEARS KOMMACHI MUTHARI HOUSE, MUKKOLA, TALIPARAMBA PO, TALIPARAMBA AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADVS. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT/COMPLAINANT: ----------------------------------- STATE, THROUGH THE STATION HOUSE OFFICER, TALIPARAMBA POLICE STATION, KANNUR DISTRICT REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.823 of 2010 --------------------------------------------- Dated this the 16th day of February, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.14 and 15 in Cr.No.707 of 2009 of Taliparamba Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 342, 307, 332, 333, 395 and 427 read with Section 149 of the Indian Penal Code and Section 3(2) of the PDPP Act. 3. The prosecution case is that on 15.11.2009 at about 5 PM, when the police party was patrolling in the disputed area in Taliparamba, where clashes between the workers of Communist Party of India (Marxist) and of the Indian Union Muslim League were rampant, the accused persons, 45 in number, came on fifteen motor bikes and attacked the police party. One Assistant Sub Inspector of Police sustained serious injuries resulting in a fracture. Others also sustained injuries. A police jeep was destroyed by the accused. The wireless set and the official mobile phone were robbed away by the accused. B.A.No.823 of 2010 2 4. The petitioners were arrested on 12.1.2010 and they were remanded to judicial custody. 5. As per the order dated 15th December, 2009 bail was granted to some of the accused persons. As per the order dated 28.01.2010 in B. A. No. 399 of 2010, bail was granted to accused No.13. 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 on stringent conditions. 7. 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, Taliparamba, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all Sundays and Wednesdays for a period of two months and thereafter, on all Wednesdays, 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; B.A.No.823 of 2010 3 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