IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 Bail Appl..No. 1611 of 2010() ---------------------------------- CMP.1079/2010 of J.M.F.C.-II,HOSDRUG CRIME NO. 137/2010 OF BEKAL POLICE STATION .................... PETITIONERS/ACCUSED : ------------------------------- 1. HANEEFA, S/O.ABDULLA, DOLI VALAPPU. 2. SHIHAB @ KOYI SHIHAB, S/O.AHAMMED, KAINOTH, MELPARAMBA. 3. MUSTHAFFA, S/O.KHADER, K.G.N. QUARTERS, MELPARAMBA. 4. K.A.AKBAR @ AKBAR KADAVATH, S/O.ABDUL RAHIMAN, K.M.A.HOUSE, KADAVATH, MELPARAMBA. BY ADV. SRI.SUNNY MATHEW RESPONDENT/COMPLAINANT: ----------------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, BAKEL POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1611 of 2010 ------------------------------------ Dated this the 18th day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos. 10, 11, 20 and 22 in Crime No. 137/2010 of Bakel Police Station, Kasaragod District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 332, 308 and 427 read with Section 149 of the Indian Penal Code and Section 3(1) of the PDPP Act. 3. The date of occurrence was on 27/2/2010 at 7.20 P.M. The allegation is that about 200 persons assembled near a mosque to protest against the alleged inaction of the police in the matter of investigation into the unnatural death of Janab C.M. Abdulla Moulavi. It is alleged that when an autorickshaw carrying newspapers came to the place, the mob intercepted the autorickshaw, took out the newspapers and set fire to the same. The police tried to prevent. The accused persons pelted stones B.A. No. 1611 / 2010 2 against the police and also caused destruction to the police jeep. Accused Nos. 11 and 20 were arrested on 03.03.2010, while accused Nos. 10 and 22 were arrested on 04.03.2010 and they were remanded to judicial custody. 4. 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 on stringent conditions. 5. The petitioners shall be released on bail on their executing a bond for Rs.25,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Hosdurg 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. B.A. No. 1611 / 2010 3 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. Bail Application is allowed as above. K.T. SANKARAN, JUDGE ln