IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 Bail Appl..No. 4429 of 2008() ----------------------------- CMP.2472/2008 of J.M.F.C.,KASARAGOD (CRIME NO. 278/2008 OF KASARAGOD POLICE STATION) PETITIONER/ ACCUSED ------------------------------------ ASLAM @ ABDUL ASLAM, S/O.MUHAMMED, QUARTERS OF PALLIKKARA MOIDU, KOLLAMBADY, ANANGOOR. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, KASARAGOD POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ----------------------------------------------- Bail Appl.No. 4429 of 2008 ----------------------------------------------- Dated this the 14th day of July, 2008. ORDER Petition for bail. 2. The alleged offences are under Sections 143, 147, 148, 341, 323, 324, 302, 120(B) and 153(A) read with Section 149 of Indian Penal Code. According to prosecution, the petitioner, who is the 5th accused, along with other accused, formed themselves into an unlawful assembly with deadly weapons and committed murder of one Sandeep. 3. The petitioner was arrested on 24.4.2008 and he is in custody since then. Learned Public Prosecutor submitted that investigation is almost over, but the crime is the offshoot of a communal rivalry between two groups and several crimes are registered at different localities and hence it is likely that there may be communal clashes again if sufficient conditions are not imposed. Learned Public Prosecutor also submitted that he has no objection in granting bail to the petitioner by imposing conditions. Hence, petitioner is granted bail on the following conditions: [B.A.No.4429/08] 2 i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) Petitioner shall report before the Superintendent of Police, Kasaragod (or an officer who may be deputed for this purpose by the former) on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. Iii) Petitioner shall not enter the limits of the police station within which the crime is registered except with the prior permission of the learned Magistrate. iv) Petitioner shall not intimidate or threaten any witnesses or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. Petition is allowed. K. HEMA, JUDGE. Krs.