IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.M.JAMES THURSDAY, THE 2ND NOVEMBER 2006 / 11TH KARTHIKA 1928 Bail Appl..No. 6393 of 2006 ----------------------------- CRIME NO.473/2006 OF KADAKKAL POLICE STATION PETITIONERS/ACCUSED: ------------------------------------- 1. BINU. S., S/O. SUDHAKARAN, AGED 29 YEARS, KUNNUVILA VEEDU, SHEDDIL KADA, ADAYAMON P.O., PAZHAYAKUNNUMMEL VILLAGE, THIRUVANANTHAPURAM DISTRICT. 2. SATHEESH. N., S/O.KOCHUNARAYANAN, AGED 32, CHARUVILA PUTHEN VEEDU, ERATTAKKULAM, PULLUPANA P.O., KADAKKAL, KOLLAM DISTRICT. 3. SHEJI. S., S/O.SREEDHARAN, AGED 22 YEARS, KUNNIL VEEDU, MUKKALATHUKAVU, PAZHAYAKUNNUMMEL VILLAGE, THIRUVANANTHAPURAM DISTRICT. 4. SUJI @ SUCHI, S/O.SUKUMARAN ASARI, AGED 28, KARIKKAKATHIL VEEDU, CHARAYAM ERATTAKKULAM, PAZHAYAKUNNUMMEL VILLAGE, THIRUVANANTHAPURAM DISTRICT. 5. PRAMOD S., S/O.SIVAPRASAD, AGED 20, RESIDING AT CHARUVILA PUTHEN VEEDU, ERATTAKULAM, PULLUPANA P.O., KOLLAM DISTRICT. 6. AMBU, CHARUVILA PUTHEN VEEDU, PULLUPANA, KOLLAM. BY ADV. SRI.SIJU KAMALASANAN SRI.S.SUDHEESHKAR RESPONDENTS: STATE: ------------------- THE STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KADAKKAL POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/11/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.M.JAMES, J. ------------------- B.A. 6393/2006 -------------------- DATED THIS THE 2ND DAY OF NOVEMBER, 2006 O R D E R The petitioners are accused Nos. 2 to 7 in crime No.473/2006 of Kadakkal Police Station, for the offence punishable under Sections 143, 147, 148, 341, 294(b), 323, 324 and 308 IPC read with Section 149 IPC. 2. The prosecution alleges that the first accused and others were drinking in public. It was obstructed to by the local persons, including the defacto complainant and the injured persons. Resented by the same, in order to retaliate the acts of the injured persons, the accused had unlawfully assembled, with dangerous weapons and committed rioting and also inflicted injuries on the four injured persons. Therefore, the crime had been registered. 3. I heard the arguments advanced by both sides. In the above facts situation, I direct the petitioners to surrender before the Investigating Officer, who is B.A.6393/2006 2 investigating crime No.473/2006 of Kadakkal Police Station, on 8.11.2006 between 9.30 a.m and 10.00 a.m. 4. The Investigating Officer shall interrogate the petitioners and thereafter, produce them before the Court below, according to the law. 5. The learned Magistrate, on production of the accused, shall hear both sides and pass appropriate orders on merit, on the same day itself. The application is disposed of as above. J.M.JAMES JUDGE mrcs