IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 Bail Appl..No. 4733 of 2008() ----------------------------- CMP.5200/2008 of J.M.F.C., KODUNGALLUR CRIME NO. 660/2008 OF KODUNGALLUR POLICE STATION PETITIONERS/ACCUSED 5, 7 TO 13:- ------------------------------------ 1. PARTHAN, S/O.VISWANATHAN, ELOOR HOUSE, ALA-KALARIPARAMBU, S.N.PURAM. 2. BIJU, S/O.SANKURU, KANIYATH HOUSE, EMMAD PAPPINIVATTOM. 3. UNNIKRISHNAN @ SAJAN, S/O.SUBRAMANIAN, PADINJATTUPARAMBIL, EMMAD PAPPINIVATTOM. 4. SANTHOSH, S/O.VELUKUTTY, ADIMARI, GOTHURUTH, S.N.PURAM. 5. BIJU, S/O.RAVEENDRAN, ITTITHARA HOUSE, ALA-GOTHURUTH, S.N.PURAM. 6. SALEESH @ SELVAN, S/O.GANGADHARAN, THARAYIL (H), EDAVILANGU. 7. SUJITH @ KANNAN,S/O.SIVARAMAN, THOTTASSERY, ALA-GOTHURUTH. 8. RAMESH, S/O.RAJEEVAN, ALAYI, VELLUR, PUTHENCHIRA. BY ADV. SRI.C.RAJENDRAN RESPONDENT: COMPLAINANT ------------------------ STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE KODUNGALLUR POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 4733 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of July, 2008 O R D E R Application for bail. 2. The alleged offences are under sections 143, 147, 148, 324, 308 read with section 149 IPC. According to the prosecution, petitioners along with others they pelted stones against the procession conducted by Marxist Party people and hence they committed the offences. 3. Learned counsel for the petitioners submitted that there was only pelting of stones, but offence under section 308 IPC is incorporated with a view to harass the petitioners. Petitioners are not named in the F.I.R. Petitioners are accused 5, 7 to 13 in the crime. They were arrested on different dates commencing from 29-6-2008, 5-7-2008, 10-7-2008 and 7-7- 2008. 4. Learned Public Prosecutor submitted that accused Nos. 5 and 9 are involved in other crimes registered in connection with this crime and hence it is likely that other clashes between the B.J.P. and Marxist party will arise, if the petitioners are released on bail. Therefore, if bail is granted, it may be on stringent conditions:- BA 4733/08 -2- 5. On hearing both sides, I am satisfied that the petitioners can be granted bail on conditions. The petitioners are granted bail on the following terms and conditions:- 1) The petitioners shall be released on bail on their executing a bond for Rs.25,000/- each with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate. 2) The petitioners shall report before the Investigating Officer on every Monday between 10 a.m. and 1 p.m. until further orders. 3) The petitioners shall not leave the limits of the police station within which the crime is registered except with the prior permission of the learned Magistrate. 4) The petitioners shall not intimidate or influence any witness or commit any offence while on bail and in case breach of this condition, bail is liable to be cancelled. The application is allowed. K. HEMA, JUDGE. mn.