IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 Bail Appl..No. 1052 of 2008() ----------------------------- CRIME NO.89/08 OF BAKEL POLICE STATION : PETITIONER/ACCUSED: ------------------------------------ 1. MOIDEEN A., S/O. ABBAS, AGED 26 YEARS, AYSHABI MANZIL, KOTTIKKULAM, PALLIKKARA II VILLAGE, KASARGOD DISTRICT. 2. MOIDEEN M.A., S/O. MUHAMMED, AGED 28 YEARS, KHADEEJABI MANZIL, PALLAM, UDUMA VILLAGE, KASARGOD DISTRICT. 3. NIYAS ABDUL KAREEM, S/O.ABDUL KAREEM, AGED 26 YEARS, PALAKKUNNU, PALLIKKARA II VILLAGE, KASARGOD DISTRICT. 4. T.H. ASHRAF, S/O. HAMSA, AGED 20 YEARS, MANGAD HOUSE, MANGAD, BARA VILLAGE, KASARGOD DISTRICT. 5. MUHAMMED SADIK, S/O. IBRAHIM, AGED 19 YEARS, KANNIKKULANGARA HOUSE, UDUMA, UDUMA VILLAGE, KASARGOD DISTRICT. 6. ANSARI T., S/O. ABBAS, AGED 26 YEARS, THOTTI HOUSE, THOTTY, PALLIKKARA VILLAGE, KASARGOD DISTRICT. 7. K.M. MAHIN, S/O. ABDUL RAHIMAN HAJI, AGED 34 YEARS, SAMEERA MANZIL, KOOVATHOTTIL, ARAMANGANAM, BARA VILLAGE, KASARGOD DISTRICT. 8. SAFWAN, S/O. POOKOYA THANGAL, KOTTIKKULAM, PALLIKKARA, KASARGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENTS: STATE: ------------------- THE STATION HOUSE OFFICER, BAKEL POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1052 of 2008 ------------------------------------- Dated this the 20th day of February, 2008 ORDER Application for regular bail. Petitioners are accused 1 to 8. Seven persons are named in the F.I.R. They along with 75 others- not named, had allegedly committed the offence. Crime is registered for offences punishable, inter alia, under Sections 332 and 308 I.P.C r/w 149 and Section 3 of the P.D.P.P Act. There was a conflict between two political groups. The petitioners belong to one group. A police party had come to the scene. The petitioners allegedly directed their ire at the police party. Soda bottles and stones were thrown at the police party. Some of the policemen had suffered injuries. No grievous or serious injuries have been suffered by any of the victims. The occurrence took place on 08.02.08. Petitioners 1 to 7 were arrested on 08.02.08. The 8th petitioner was arrested on 10.02.08. Investigation is in progress. Final report has not been filed yet. 2. The learned counsel for the petitioners submits that the petitioners belong to the opposition political alliance and false and vexatious allegations are raised against them with the B.A.No.1052 of 2008 2 transparent intention of vexing the petitioners. It is submitted that in any view of the matter, the petitioners, who have remained in custody from 08.02.08 and 10.02.08, may now be enlarged on bail. 3. The learned Public Prosecutor does not oppose the application, but only prays that appropriate conditions may be imposed in the peculiar facts and circumstances of the case. 4. Having considered all the relevant inputs, I am persuaded to agree that the petitioners can be granted regular bail subject of course to appropriate conditions. 5. n the result, this application is allowed. The petitioners shall be released on bail on the following terms and conditions. i) The petitioners shall execute bonds for Rs.50,000/- (Rupees Fifty thousand only) 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 between 10 a.m and 12 noon on all Mondays and Fridays for a period of two months and thereafter as and when directed by the Investigating Officer in writing to do so. (R.BASANT, JUDGE) rtr/- B.A.No.1052 of 2008 3