IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 Bail Appl..No. 1438 of 2010() ----------------------------- CRIME NO.83/2010 OF PARIYARAM MEDICAL COLLEGE POLICE STATION .................... PETITIONERS : ACCUSED 1, 4, 5, 6 AND 8 ------------------------------- 1. MUHAMMED RAFEEQUE.P @ BADENA RAFEEQUE, S/O.MUHAMMED KUNHI, AGED 29/10, PUJAKKUN HOUSE, PARIYARAM AMSOM. 2. SHAKKIR.P.P., S/O.ABDULLA, AGED 22/10, PALAKKODAN PEEDIKAYIL HOUSE, PARIYARAM AMSOM. 3. BAITHEEN.P., S/O.ABDUL AZIZ, AGED 28/10,PONNANRAKATH HOUSE, PARIYARAM AMSAM. 4. USMAN.M, S/O.ALI, AGED 19/10, MADATHIL HOUSE, PARIYARAM AMSAM. 5. MUHAMMEDALI, S/O.ABOOBACKER, AGED 25/10, PARAMBATH HOUSE, PARIYARAM AMSOM. BY ADV. SRI.P.M.HABEEB RESPONDENT(S): --------------- STATE OF KERALA, REP. BY STATION HOUSE OFFICER, PARIYARAM MEDICAL COLLEGE POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1438 of 2010 --------------------------------------------- Dated this the 11th day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1, 4, 5, 6 and 8 in Crime No.83 of 2010 of Pariyaram Medical College Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 448, 341, 506(i), 427 and 308 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 28.2.2010, the accused persons trespassed into the premises of a newly constructed mosque at about 9.30 P.M. and attacked the de facto complainant and 5 others who were engaged in distributing rice on the Milad-i-Sherif day. It is stated that the accused persons used iron rods for the attack and that they destroyed a car and a motor bike. It would appear that the incident occurred due to difference of opinion between two groups among the Muslims. 4. Accused Nos.5 and 6 were arrested on 1.3.2010 while accused Nos.1, 4 and 8 were arrested on 2.3.2010. They were remanded to judicial custody. BA No.1438/2010 2 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. The petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Payyannur, 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, till the final report is filed or until further orders; b) The petitioners shall appear before the investigating officer for interrogation as and when required; c) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; 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 csl