IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 Bail Appl..No. 4739 of 2008() CRIME NO. 226/2008 OF KASARAGOD POLICE STATION PETITIONERS/ACCUSED 4 AND 5 -------------------------------------------- 1. KISHOR KUMAR @ KISHOR, S/O.MAHADEVAN, AGED 24 YEARS, ADUKATHABAYAL. 2. SHIVAN @ SHIVAPRASAD, S/O.MALINAKAN, AGED 25 YEARS, TAHALIPPATAPPU, ADUKATHABAYAL. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT & STATE -------------------------------- 1. THE SUB IMSPECTOR OF POLICE, KASARGOD POLICE STATION. 2. STATE REP;BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 4739 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of July, 2008 O R D E R Application for bail. 2. The alleged offences are under sections 143, 147, 148, 341, 324, 307, 153(a) read with section 149 IPC. According to the prosecution, on 20-3-2008 at about 3 p.m. petitioners who are workers of R.S.S. committed various offences against persons belonging to Muslim community. Learned Public Prosecutor submitted that the crime is an off-shoot of communal rivalry. Petitioners are accused 4 and 5. They were arrested on 15-5-2008. Taking into consideration the stage of investigation, the learned Public Prosecutor submitted that he has no objection in granting bail on stringent conditions. 3. Hence, bail is granted to the petitioners on the following terms and conditions:- 1) The petitioners shall be released on bail on their executing a bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate. -2- 2) The petitioners shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. 3) The petitioners shall not leave the limits of the police station, within which the crime is registered except with the prior permission of the learned Magistrate. 4) The petitioners shall not intimidate or influence any witness or tamper with any evidence or commit any offence while on bail and in case breach of this condition, bail is liable to be cancelled. The application is allowed. K. HEMA, JUDGE. mn.