IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 Bail Appl..No. 822 of 2010() ------------------------------- C.R.NO. 610/2009 OF TALIPARAMBA POLICE STATION ...................... PETITIONERS/ACCUSED NO.4 & 7 : ---------------------------------------- 1. N.U.SHAFI, S/O.ABDULLA,AGED 23 YEARS, NALARAKKETTIL UNDA HOUSE, MUKKOLA, TALIPARAMBA PO, TALIPARAMBA TALUK, KANNUR DISTRICT. 2. S.SHAMEEM @ MANNAKATTA SHAMEEM, S/O.ABDULLA, AGED 25 YEARS, SAIDARAKATH HOUSE, TALIPARAMBA PO, TALIPARAMBA AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADVS. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT/COMPLAINANT -------------------------- STATE, THROUGH THE STATION HOUSE OFFICER TALIPARAMBA POLICE STATION, KANNUR DISTRICT REPRESENED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 822 of 2010 ------------------------------------ Dated this the 16th day of February, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.4 and 7 in Cr. No.610/2009 of Taliparamba Police Station, Kannur District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 323, 324, 341 and 307 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 12.10.2009, at 7 P.M., while the de facto complainant was traveling in a bus, he was attacked by the accused persons with dangerous weapons like sword. The de facto complainant sustained eight incised wounds. He was taken to the hospital and his life was saved. It is stated that the de facto complainant and the accused persons belong to different political parties and that several clashes took place in the locality between the workers of those two political parties. The petitioners were arrested on 12.01.2010 and they were remanded to judicial custody. 4. It is submitted that bail was granted to the second B.A. No. 822 of 2010 2 accused by this court as per the order dated 15.02.2010 in B.A. No. 379/2010. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners on stringent conditions. 6. The petitioners shall be released on bail on their executing a bond for Rs. 25,000/- each 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 petitioners shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, till the final report is filed or until further orders. B) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioners shall surrender their passports before the Judicial Magistrate of B.A. No. 822 of 2010 3 the first Class, Taliparamba within a period of one week from today. If any of the petitioners does not hold an Indian Passport, an affidavit sworn to by him to that effect shall be filed within one week before the learned Magistrate; D) The petitioners 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. The Bail Application is allowed as above. K.T. SANKARAN, JUDGE ln