IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 Bail Appl..No. 8817 of 2011() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.8335/2011 Dated 17/10/2011 CMP.6283/2011 of J.M.F.C.,TALIPARAMBA Crime No.445 of 2011 of Taliparamba Police Station. .................... PETITIONERS/A11 TO 16 ---------------------------------------- 1. SAJEESH.K @ S.P.SAJESH, S/O.KUMARAN, KALATHERA HOUSE, KUNHIMUTTAM, PATTUVAM, THALIPRAMBA TALUK. 2. SANDEEP.P. @ KUTTAN @ MANUKKARA SANDEEP, S/O.BALAN, PALLIKKRA HOUSE, PATTUVAM, TALIPARAMBA TALUK. 3. SATHEESAN.K @ KAKKI SATHEESAN, S/O.THADDEVYA, KARAKKADAN HOUSE, KUNHIMUTTAM, PATTUVAM. 4. A.PRASANTH, S/O.CHANDRAN, ANAYODAN HOUSE, MANGALASSERY, PATTUVAM. 5. PRAMOD.V.V. @ KUNDAN, S/O.NARAYANAN, NEELANKOL HOUSE, MANGALASSERY, PATTUVAM. 6. RATHEESH.K, S/O.KRISHNAN NAMBIAR, KALARICAL HOUSE, MANGALASSERY, PATTUVAM. BY ADV. SRI.P.NARAYANAN RESPONDENT: --------------- STATION HOUSE OFFICER, TALIPARAMBA POLICE STATION, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 8817 OF 2011 --------------------------------- Dated this the 2nd day of November , 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.11 to 16 in Crime No.445 of 2011 of Taliparamba Police Station. 2.The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 324, 307 and 302 read with Section 149 of the Indian Penal Code. 3.The prosecution case is that on 5.7.2011, the accused persons attacked the Indian Union Muslim League workers, namely, Anwar and Jazeel and stabbed them. Anwar died at Unity Hospital, Mangalore on the same day. Jazeel sustained grievous injuries. It is alleged that the accused persons are the workers of Communist Party of India (Marxist). The B.A.No.8817 OF 2011 2 deceased, the injured and others were engaged in the painting work of a building. After the work was over, they went to a shop. It is alleged that accused No.2 (petitioner) called the other accused over telephone and arranged the attack. It is alleged that there was tension between C.P.I.(M) workers and IUML workers in the area for quite some time before the incident. 4. The petitioners were arrested on 24.8.2011. 5. As per the order dated 30.9.2011 in Bail Appln.No.7790 of 2011, accused No.2, who was arrested on 15.7.2011 was granted bail. As per the order dated 10.10.2011 in Bail Appln.No.7400 of 2011, bail was granted to accused Nos.3 and 4, who were arrested on 19.7.2011. 6. Accused Nos.1 to 5, who were arrested on 5.8.2011 and accused No.10, who was arrested on 23.8.2911, were granted bail as per the order dated 17th October, 2011 in B.A.No.8335 of 2011. B.A.No.8817 OF 2011 3 7.Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offences and the present stage of investigation, I am of the view that bail can be granted to the petitioners on stringent conditions. 8.The petitioners shall be released on bail on their executing bond for Rs.25,000/- (Rupees Twenty Five thousand only) each with two solvent sureties 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 Mondays and Thursdays for two months and thereafter on 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 enter into the limits of Taliparamba Police Station for a period of one month except for complying with conditions A and B. D) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. B.A.No.8817 OF 2011 4 E) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. F) The petitioners shall cooperate with the investigating officer in the matter of investigation. G) 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 cms