IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 23RD OCTOBER 2007 / 1ST KARTHIKA 1929 Bail Appl..No. 6422 of 2007() ----------------------------- CRIME NO.284/07 OF FEROKE POLICE STATION .................... PETITIONERS/ACCUSED 1 & 8 ------------------------------------------ 1. ABDUL LATHEEF, S/O MUHAMMED, PERISSERY HOUSE, PANTHEERANKAVU, PUTHURMADAM P.O., PERUMANNA AMSOM, KOZHIKODE. 2. PRABOSH, S/O KUTTIKRISHNAN, KOLLATHEDATH VALLIKUNNU, VELLAYIKODE AMSOM DESOM, KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/STATE ------------------------------ 1. THE SUB INSPECTOR OF POLICE, FAROOK POLICE STATION. 2. STATE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/10/2007 ALONG WITH B.A.NO.6535/07, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. -------------------------------------------- B.A. Nos.6422 & 6535 of 2007 -------------------------------------------- Dated this the 23rd day of October, 2007 ORDER Applications for regular bail. The petitioners are accused 1, 7 and 8. Altogether, there are 30 accused persons. They face allegations for offences punishable, inter alia, under Secs.333, 353 and 307 read with Sec.149 of the IPC. The alleged incident took place on 3/10/07. The crux of the allegations against the petitioners is that they were members of an unlawful assembly, who, in prosecution of the common object of the unlawful assembly, attacked the police party discharging their official duties in connection with the detection and prevention of offences punishable under the Kerala Protection of River Banks and Regulation of Removal of Sand Act by throwing stones at them and by attacking the police party with dangerous weapons. One police official has allegedly suffered a fracture. All the three petitioners were arrested on 3/10/07. They continue in custody from that date. B.A. Nos.6422 & 6535 of 2007 -: 2 :- 2. The learned counsel for the petitioners pray, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioners can now be enlarged on bail subject to appropriate terms and conditions. 3. In the result: (a) These applications are allowed. (b) The petitioners shall be released on bail on the following terms and conditions: (i) The petitioners shall execute bonds for Rs.50,000/- each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (ii) The petitioners shall make themselves available for interrogation before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of three months and thereafter as and when directed by the Investigating Officer in writing to do so. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge