IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 Bail Appl..No. 461 of 2008() ---------------------------- CRIME 4/07 OF AGALI POLICE STATION CRMP.150/2008 of DISTRICT COURT, PALAKKAD .................... PETITIONER/ACCUSED ----------------------------------- RAFEEQ, AGED 35 YEARS, S/O. P.K.HAMSAKUTTY HAJI, POLLAKUNNAN HOUSE, NELLIPUZHA, MANNARKKAD. BY ADV. SRI.S.RAJEEV RESPONDENTS: ------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.4 OF 2007 OF AGALI POLICE STATION). BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 461 OF 2008 ```````````````````````````````````````````````````` Dated this the 28th day of January, 2008 O R D E R Application for regular bail. Petitioner is the 2nd accused. Altogether there are 17 accused persons. Accused Nos.1 and 2 allegedly had a property dispute with the brother- in-law of the de facto complainant. The accused persons allegedly took law into their hands and indulged in wanton acts of violence and mischief to reduce the disputed property into their possession. The accused face allegations under Sections 450 and 427 IPC and Section 3 of the SC and ST (PA) Act. The alleged incident took place on 10.1.07. Accused Nos.1 and 5 have already been arrested. The petitioner was arrested on 8.1.08. Investigation is not complete yet. Final report has not been filed. The petitioner, who was arrested on 8.1.08, continues in custody from 8.1.08. All the arrested accused have, by now, been released on bail. BA.461/08 : 2 : 2. The learned counsel for the petitioner submits that the petitioner's presence at the scene of the crime is not revealed from the averments of the F.I. Statement. Even accepting the entire allegations all that is revealed is that there was forcible eviction of the de facto complainant/his brother-in-law from an item of property in respect of which civil dispute did exist between the parties. In any view of the matter, the petitioner, who has remained in custody from 8.1.08, may now be enlarged on bail. The petitioner shall undertake not to enter the disputed area until further orders, submits the learned counsel for the petitioner. 3. Having considered all the relevant inputs, I am satisfied, notwithstanding the opposition of the learned Public Prosecutor, that a lenient view can be taken and the petitioner can be granted regular bail subject of course to appropriate terms and conditions. The petitioner has a further contention that the disputes have been settled between the rival contestants. 4. In the result, this petition is allowed. The petitioner BA.461/08 : 3 : shall be released on bail on the following terms and conditions: i) The petitioner shall execute a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioner shall make himself available for interrogation before the investigating officer between 10 a.m and 12 noon on all Mondays, for a period of three months from the date of his release and thereafter as and when directed by the investigating officer in writing to do so. iii) Except for the purpose of complying with condition No.(ii) above, the petitioner shall not, during the said period of three months, enter the jurisdiction of Agali police station without prior permission of the learned Magistrate. (R.BASANT, JUDGE) aks