IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 Bail Appl..No. 91 of 2009() --------------------------- CMP.3368/2008 of J.M.F.C.-I,HOSDRUG CRIME NO.517/08 OF BEKAL POLICE STATION PETITIONER(S): ACCUSED 1 TO 5 ---------------------------------- 1. MANEESH.C.K, AGED 19 YEARS, S/O. RAVI, CHITTARI KADAPPURAM CHITTARI VILLAGE. 2. SANEESH, S/O. SASI, AGED 20 YEARS, CHITTARI KADAPPURAM CHITTARI VILLAGE. 3. VIVEK.K.K, S/O. KANNAN, AGED 29 YEARS, CHITTARI KADAPPURAM CHITTARI VILLAGE. 4. RANJITH.K, S/O. BHASKARAN, AGED 18 YEARS CHITTARI KADAPPURAM CHITTARI VILLAGE. 5. SAJAN.C.V, S/O. VISWAMBARAN, AGED 23 YEARS, CHITTARI KADAPPURAM CHITTARI VILLAGE. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY STATION HOUSE OFFICER, BEKAL POLICE STATION, KASARAGOD DISTRICT THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.91 of 2009 ----------------------------------------- Dated this the 14th January, 2009 O R D E R This petition is for bail. 2. The alleged offences are under Sections 143, 147, 148, 153(A), 341, 427 and 333 read with 149 of the Indian Penal Code. According to prosecution, accused 1 to 6 belonged to Hindu community and accused 7 to 11 belonged to Muslim community. They, along with 50 others, started abusing each other and they also pelted stones each other with an intention to promote communal hatred and when police came there, they pelted stones against police also and a crime was registered against accused. Petitioners are accused 1 to 5. 3. The incident occurred on 8.12.2008 and petitioners were arrested on 16.12.2008. The co-accused were granted bail. Hence, learned Public Prosecutor submitted that he has no objection in granting bail to petitioners. 4. On hearing both sides, I am satisfied that bail can be granted to petitioners. BA.91/08 2 Hence, bail is granted to petitioners on the following terms and conditions: i) Petitioners shall execute a bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. ii) Petitioners shall report before the Dy.S.P., Kasaragod on every alternate day between 10 AM and 1 PM until further orders. iii). Petitioners shall not enter the limits of the police station within which the crime is registered, except with the prior permission of the learned Magistrate. iv) Petitioners shall not tamper with evidence or influence the witnesses or intimidate them or commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.