IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 Bail Appl..No. 7537 of 2009() ----------------------------- CRIME NO. 707/2009 OF TALIPARAMBA POLICE STATION, KANNUR PETITIONER/ ACCUSED NO.12: ---------------------------------------------- KODIYIL RAZIK, S/O. KANAL, AGED 29 YEARS KAKKATHODE, TALIPARAMBA.P.O, TALIPARAMBA AMSOM, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT/ COMPLAINANT: ------------------------------------------------- STATE, THROUGH THE STATION HOUSE OFFICER, TALIPARAMBA POLICE STATION, KANNUR DISTRICT (CRIME NO. 707/09 OF TALIPARAMBA POLICE STATION, KANNUR DISTRICT), REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND., PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/12/2009 ALONG WITH B.A. NO.7538/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. Nos. 7537 & 7538 of 2009 ------------------------------------------ Dated this the 21st day of December, 2009 O R D E R These Bail Applications are filed by accused No. 12 in Crime Nos. 706/2009 and 707/2009 of Taliparamba Police Station, Kannur under Section 439 of the Code of Criminal Procedure. B.A. No.7538/2009 relates to Crime No.706/2009 and B.A. No.7537/2009 relates to Crime No.707/2009. 2. The offences alleged in Crime No.706/2009 are under Sections 143, 147, 148, 307, 332, 395 and 427 read with Section 149 of the Indian Penal Code and Section 3(2)(e) of the Prevention of Damage to Public Property Act. The offences alleged in Crime No.707/2009 are under Sections 143, 147, 148, 342, 307, 332, 333, 427 and 395 read with Section 149 of the Indian Penal Code and Section 3(2)(e) of the Prevention of Damage to Public Property Act. 3. The gist of the prosecution case in two crimes are the following: A tense situation was prevailing in Chenayannur at Taliparamba on account of the clashes between the workers of B.A. Nos. 7537 & 7538 of 2009 2 Communist Party of India (Marxist) and the Indian Union Muslim League. The police party were taking a vigil over the area. On 15/11/2009 at 4.30 P.M., 45 persons belonging to Muslim League came on fifteen motor bikes. The police party intercepted those vehicles. At that time, the aforesaid 45 persons attacked the police party with deadly weapons, resulting in the police officers sustaining injuries. It is also alleged that those persons destroyed a police jeep. The Second crime relates to the incident which occurred on 15/11/2009 at about 5 P.M. In that case also, the accused persons attacked the police party and one Assistant Sub Inspector of Police sustained injuries resulting in a fracture. A police jeep was destroyed by the accused. The wireless set and the official mobile phone were robbed away by the accused. 4. As per the orders dated 15/12/2009 in B.A. Nos. 7194/2009, 7196/2009, 7197/2009 and 7211/2009, bail was granted to accused Nos. 1 to 11 in the crimes. 5. The learned Public Prosecutor submitted that a tense situation prevails in the area due to subsequent developments and therefore, it is not feasible to release the petitioner on bail. B.A. Nos. 7537 & 7538 of 2009 3 6. Since accused Nos. 1 to 11 were released on bail, I do not think that it is proper to keep in custody accused No.12 any further. 7. 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. 8. The petitioner shall be released on bail on his executing bond for Rs.25,000/-in each case with two solvent sureties each 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 Mondays and Thursdays for a period of two months and thereafter, on all Mondays, 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. B.A. Nos. 7537 & 7538 of 2009 4 D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. Bail Applications are allowed as above. K.T. SANKARAN, JUDGE scm