IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 Bail Appl..No. 399 of 2010() ---------------------------- Cr.NO.707/09 OF TALIPARAMBA POLICE STATION, KANNUR DT. .................... PETITIONER/ACCUSED NO.13 ------------------------------------------- JAFFER SADIQUE @ JAFFER, S/O.ABDULLA, AGED 41 YEARS, MADATHIL HOUSE, VELLIKKEEL, PATTUVAM AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT(S): COMPLAINANT -------------------------- STATE, THROUGH THE STATION HOUSE OFFICER TALIPARAMBA POLICE STATION, KANNUR DISTRICT, (CRIME NO.707/09 OF TALIPARAMBA POLICE STATION, KANNUR DISTRICT), REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.399 of 2010 --------------------------------------------- Dated this the 28th day of January, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.13 in Cr.No.707 of 2009 of Taliparamba Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 342, 307, 332, 333, 395 and 427 read with Section 149 of the Indian Penal Code and Section 3(2) of the PDPP Act. 3. The prosecution case is that on 15.11.2009 at about 5 PM, when the police party was patrolling in the disputed area in Taliparamba, where clashes between the workers of Communist Party of India (Marxist) and of the Indian Union Muslim League were rampant, the accused persons, 45 in number, came on fifteen motor bikes and attacked the police party. One Assistant Sub Inspector of Police sustained serious injuries resulting in a fracture. Others also sustained injuries. A police jeep was destroyed by the accused. The wireless set and the official mobile phone were robbed away by the accused. BA No.399/2010 2 4. The petitioner was arrested on 7.1.2010. He was remanded to judicial custody. 5. As per the order dated 15th December, 2009 bail was granted to some of the accused persons. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. The petitioner shall be released on bail on his executing bond for Rs.25,000/- 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 petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Sundays and Wednesdays for a period of two months and thereafter, on all Wednesdays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; BA No.399/2010 3 e) 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 csl