IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 9TH JULY 2010 / 18TH ASHADHA 1932 Bail Appl..No. 3867 of 2010() ----------------------------- CRIME NO.201/2010 OF PARIYARAM MEDICAL COLLEGE POLICE STATION, KANNUR DIST. (S): PETITIONERS/ACCUSED 2,3, & 4: ------------------------------------------------- 1. NAJEEB C.K., S/O.MOIDEEN, AGED 26 YEARS, CHEERANKOOLIYIL, MATTOOL AMSOM, KANNUR TALUK, KANNUR DISTRICT. 2. MUHAMMED SADIQUE, S/O.UMMER, AGED 22 YEARS, KEERANTAKATH HOUSE, KORANPEEDIKA, PARIYARAM AMSOM TALIPARAMBA TALUK, KANNUR DISTRICT. 3. ABDUL NAZAR.K., S/O.HASSAN, AGED 29 YEARS, KEERANTAKATH HOUSE, KORANPEEDIKA, PARIYARAM AMSOM TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT(S): COMPLAINANT: --------------------------- STATE THROUGH PARIYARAM MEDICAL COLLEGE POLICE STATION, KANNUR DISTRICT (CRIME NO.201/2010 OF PARIYARAM MEDICAL COLLEGE POLICE STATION, KANNUR DISTRICT) REPRESENTED BY PUBILC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.3867 of 2010 ---------------------------------------------- Dated 9th July, 2010. O R D E R This petition is for bail. 2. The alleged offences are under Sections 143, 147, 148, 452, 427, 324, 326 and 395 read with Section 149 of the Indian Penal Code. According to prosecution, on 30.5.2010 at about 3 a.m., petitioners (accused nos.2, 3 and 4) along with the co-accused formed themselves into an unlawful assembly and committed house trespass by entering into the house of defacto complainant and attacked him and also damaged the articles in the house. They also committed theft of 15 sovereigns of gold and thereby committed the various offences. 3. Learned counsel for petitioners submitted that petitioners were arrested on 4.6.2010 and they are in custody for the past 35 days. This is only a political clash. Petitioners are innocent of the allegations made. They are prepared to abide by any conditions, it is submitted. 4. This petition is not opposed. Learned Public Prosecutor submitted that petitioners may be directed not to enter the limits of the police station, within which crime is BA NO. 3867/10 2 registered. On hearing both sides, I am satisfied that bail can be granted to petitioners on conditions. Hence, the following order is passed : Petitioners shall be released on bail on their executing bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the court concerned, on the following conditions : (i) Petitioners shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. (ii) Petitioners shall not enter the limits of the police station, within which the crime is registered, except for compliance of condition no.(i). (iii) Petitioners shall not influence or intimidate any witness or tamper with evidence. (iv) In case petitioners are involved in any offence of similar nature, bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE. tgs