IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 Bail Appl..No. 6377 of 2008() ----------------------------- CRIME NO. 481/2008 OF IRITTY POLICE STATION PETITIONER/5TH ACCUSED ------------------------------------------ POYILAN SADIQE, S/O. ABDUL KADER, AGED 22 YEARS, POYILAN HOUSE, CHENGADIYIL, P.O.VILAKKODE, KANNUR DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): COMPLAINANT -------------------------- THE STATION HOUSE OFFICER, IRITTY POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6377 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of October,2008 O R D E R Petition for bail. 2. The alleged offences are under sections 143, 147, 148, 452, 427, 308, 506(ii) read with section 149 IPC. According to prosecution, petitioner along with 14 others formed themselves into an unlawful assembly and attacked the house of defacto- complainant and also defacto-complainant by throwing bomb, etc. The incident occurred on 25-8-2008. 3. Petitioner is the 5th accused and he was arrested on the same day on 25-8-2008 and he is in custody since then. Learned Public Prosecutor submitted that the case is an off-shoot of political rivalry between N.D.F. and C.P.I.(M) workers. De facto complainant is a C.P.I.(M) worker. Tension is prevalent in the locality and hence stringent condition may be imposed, though he has no objection in granting bail. 4. Hence, petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate, on the following conditions:- 1) Petitioner shall report before the Superintendent of Police, Kannur on every BA 6377/08 -2- alternate day between 10 a.m. and 1 p.m. until further orders. 2) 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. 3) Petitioner shall not intimidate or influence any witness or tamper with evidence or commit any offence while on bail and in case breach of this condition, bail is liable to be cancelled. This petition is allowed. K.HEMA, JUDGE. mn.