IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 Bail Appl..No. 199 of 2009() ----------------------------------- Crl. MC Nos. 2257/2008 & 2253/2008 of THE VACATION JUDGE, THIRUVANANTHAPURAM CRIME NO. 410/2008 OF KARAMANA POLICE STATION PETITIONERS/ ACCUSED NOS.1 TO 5 --------------------------------------------------- 1. NOUSHAD, S/O.BASHEER,AGED 34 YEARS, TC.49/418,RNS MANZIL,KITHUKALLUMMOODU, MANACAUD.P.O, THIRUVANANTHAPURAM. 2. ABDULKHADER @ KHADER,S/O.UMMER,AGED 32 YRS,TC.20/2394,ASHRAF MANZIL,KALPALAYAM, KARAMANA.P.O. 3. ABOOBACKER,S/O.MAHROON,AGED 27 YEARS, TC.52/904(3),MANNAMVILA PANAYIL VEEDU, NEAR SVM SCHOOL, STUDIO ROAD,NEMOM. 4. SAYED ALI,S/O.MALIK MOHAMMED,AGED 27 YRS TC.35/350,THANNIVILA VEEDU, LATHA NAGAR, KARAKKAMANDAPAM,NEMOM VILLAGE. 5. SHAHUL, S/O.HANEEFA,POTTAVILAKATHU PUTHEN VEEDU, OLD KARACKAMANDAPAM, NEMOM VILLAGE. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE,KARAMANA POLICE STATION, THIRUVANANTHAPURAM,REP; BY THE P.PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K. S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/01/2009, THE COURT ON 22/12/2009 PASSED THE FOLLOWING: K. HEMA , J. ~~~~~~~~~~~~~~~~~~~ B.A. No.199 OF 2009 ~~~~~~~~~~~~~~~~~~~ Dated this the 22nd day of January, 2009 ORDER This petition is for bail. 2. The alleged offence are under Sections 153A, 143, 147, 148 and 308 379 r/w s. 149 of IPC. According to prosecution, petitioners/accused No.1 to 5 along with 10 others formed themselves into an unlawful assembly and committed rioting in prosecution of common object of the unlawful assembly raised slogans with an intention to promote hatred in religion and they assaulted de facto complainant by using chopper, sticks etc. 3. Accused No.1 to 4 were was arrested on 14.12.2008 and accused No. 5 was arrested on 15.12.2008. Learned Public Prosecutor submitted that he has no objection in granting bail to the accused, but stringent conditions may be imposed. 4. On hearing both sides, I am satisfied that bail can be granted to the petitioner on following conditions: Hence bail is granted on the following terms and conditions: i. Petitioners shall execute bond for Rs.25,000/- (Rupees Twenty five thousand only) each with two B.A. No. 199 of 2009 : 2 : solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. ii. Petitioners shall report before the Investigating Officer on every Monday, Wednesday and Thursday between 10 a.m. and 1. p.m until further orders. iii. Petitioners shall not enter the limits of the police station within which crime is registered except for the compliance of the direction in clause No. ii iv. Petitioners shall not influence or intimidate any witnesses or tamper with evidence or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. (K. HEMA, JUDGE) KMD B.A. No. 199 of 2009 : 3 :