IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 Bail Appl..No. 3737 of 2010() ----------------------------------------- CRIME NO.172/2010 OF BADIADKA POLICE STATION, KASARAGOD. .................... PETITIONERS/ACCUSED 2 TO 4 ---------------------------------------------- 1. MURALI @ MURALEEDHARAN, AGED 30 YEARS, S/O.RAMANKUTTY NAIR, RESIDING AT KRISHNAKRIPA HOUSE, NEAR GOPALAKRISHNA THEATRE, KOIPPADY VILLAGE, KASARAGOD DISTRICT. 2. NIYAS @ ABDUL NIYAS, AGED 32 YEARS, S/O.SULAIMAN (LATE), RESIDING AT FISHERIES COLONY, KOIPPADI VILLAGE, KASARAGOD DISTRICT. 3. ALI, S/O.SULAIMAN (LATE), RESIDING AT FISHERIES COLONY, KOIPPADI VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT/COMPLAINANT -------------------------------------------- STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, BADIADKA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.V. TEKCHAND. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/06/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. K.HEMA, J. ------------------ B.A. No. 3737 of 2010 ------------------------------------ Dated this the 22nd day of June, 2010 O R D E R Petition for bail. 2. The alleged offences are under Sections 143, 147, 148, 332, 427 and 307 read with Section 149 of the Indian Penal Code. According to prosecution, a procession was conducted by the workers of CPI(M) and on seeing a car of a Congress worker parked by the sides of the road, stones were pelted at it. The police tried to interfere and workers of CPI(M) as well as the Congress party pelted stones at the police. The Sub Inspector and also a Police Constable were injured and they sustained injuries while they were discharging their official duty. 3. Petitioners are accused nos. 2 to 4. According to petitioners counsel, they are totally innocent of the allegations made. Co-accused are granted bail by this Court. Petitioners are in custody for the past 39 days. 4. Learned Public Prosecutor submitted that taking into account, stage of investigation and the fact that certain co-accused are granted bail, he has no objection in granting bail, but stringent conditions may be imposed, taking into account that B.A. No. 3737 of 2010 2 political clashes are common in Kasaragod district and police officials are at the receiving end. 5. On hearing both sides, I am satisfied that bail can be granted on conditions. Hence the following order is passed: Petitioners shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: i) Petitioners shall report before the Superintendent of Police, Kannur on every Monday and Thursday, between 10 A.M. and 1 P.M., until further orders. ii) Petitioners shall not enter the limits of Kasaragod District, until further orders. iii) Petitioners shall not influence or intimidate any witness or tamper with the evidence. iv) In case, petitioners are involved in any similar offence, bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE ln