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. 6416 of 2008() ----------------------------- CMP.7670/2008 IN CRIME NO.300/08 OF KODAKARA POLICE STATION .................... PETITIONERS (S): ACCUSED -------------------- 1. DILIN, S/O.TILAKAN VATTEKATT PARAMBIL VATTEKAD KODAKARA. 2. RAJEESH, S/O.APPU, PUTHENVEETIL , VATTEKAD, KODAKARA. 3. SUBHASH, S/O.AYYAPPAN, KAIPATH HOUSE VATTEKAD, KODAKARA. 4. DEEPU, S/O.DINESAN, PALLATHERY HOUSE, VATTEKAD, KODAKARA. BY ADV. SRI.A.C.DEVY RESPONDENT(S): STATE --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ 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.6416 of 2008 ------------------------------------------------- Dated this the 16th day of October, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 143, 147, 148, 341, 323, 324 and 307 read with Section 149 IPC. According to prosecution, petitioners (A2 to A5) along with another accused formed into an unlawful assembly and intercepted a motor bike in which the defacto complainant and his friends were travelling and they assaulted the defacto complainant by using iron rods, iron block, brick etc. Petitioners were arrested on 30.9.2008 and they are in custody since then. 3. Learned public prosecutor submitted that the crime is an offshoot of a political rivalry between CPI(M) and RSS workers in which CPI(M) worker was attacked. There is tension in the locality and hence, petitioners may not be allowed to enter the locality. But, he has no objection in granting bail to the petitioners on stringent conditions. Hence, bail is granted to the petitioners on the following terms and conditions: BA No.6416/08 2 (i) Petitioners shall execute bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. (ii) Petitioners shall report before the DYSP, Irinjalakuda on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. (iii) Petitioners shall not enter the limits of the police station within which the crime is registered except with prior permission of the learned Magistrate. (iv) Petitioners shall not influence or intimidate any witness or tamper with evidence or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl BA No.6416/08 3