IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 Bail Appl..No. 537 of 2009(F) ---------------------------------- CMP.334/2009 of J.M.F.C.,PAYYANNUR CRIME NO.639/2008 OF PAYYANNUR POLICE STATION .................... PETITIONER/ACCUSED NO.2 : ------------------------------------ MUHAMMED RAFI, S/O. ASSAINAR, RAMANTHALI AMSOM, PALAKODE. BY ADV. SRI.P.M.HABEEB RESPONDENT : ----------------- STATE OF KERALA, REP. BY STATION HOUSE OFFICER, PAYYANNUR POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------- B.A. No.537 OF 2009 -------------------------------- Dated this the 5th day of February, 2009 O R D E R This petition is for bail. 2. The alleged offences are under Sections 143, 147, 148, 341, 324, 308 read with 149 of I.P.C. According to prosecution, petitioner (second accused) along with other accused committed various offences, armed with weapons. The incident occurred on 08.11.2008. 3. Learned counsel for petitioner submitted that petitioner is the second accused and no specific overt act is alleged against petitioner and he was arrested on 23.01.2009. 4. Learned Public Prosecutor submitted that it is a political clash but, taking into consideration the limited role of petitioner, he has no objection in granting bail to petitioner on conditions. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. Hence, the following order is passed : Petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent B.A.No.537 of 2009 2 sureties each for like sum to the satisfaction of the Magistrate court concerned on the following conditions : (i) Petitioner shall report before Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. (ii) Petitioner shall not enter the limits of the police station within which the crime is registered except for compliance of condition no.(i). (iii) Petitioner shall not influence or intimidate any witness 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 pac