IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 Bail Appl..No. 3945 of 2008() ----------------------------- CMP.2986/2008 IN CRIME NO.292/08 OF KASARAGOD POLICE STATION .................... PETITIONERS/ACCUSED 1 TO 3:- -------------------------------------------- 1. G.JYOTHISH, S/O GOPALAKRISHNAN,AGED 21 YEARS, J.P. COLONY, ANANGOOR. 2. K.KIRANKUMAR, S/O. SHIVA, AGED 29 YEARS, ADKATHBAYAL, KASARGOD KASABA GRAMAM. 3. NITHINKUMAR .K, S/O KRISHNA NAIK, AGED 24 YEARS, ADUKATHABAYAL, KUDLU GRAMAM. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/STATE ------------- 1. THE SUB INSPECTOR OF POLICE, KASARGOD POLICE STATION. 2. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------------- Bail Application No.3945 of 2008 --------------------------------------- Dated this the 14th day of July, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 341, 302 and 153A read with Section 34 IPC. The petitioners are A1 to A3. According to the prosecution, A1 to A3 in furtherance of a common intention, due to communal enmity, wrongfully restrained the deceased Muhammed Sainan and stab him with a knife on his chest and abdomen and he died on the way to hospital. The accused Nos. 1 and 2 have allegedly inflicted stab injuries and A3 was also present along with A1. 3. Learned counsel for the petitioners submitted that the names of the petitioners were not mentioned in the First Information Statement. The incident occurred on 16.4.2008 and they were implicated as per a subsequent report and they were arrested on 3.5.2008. The petitioners are innocent and they are falsely implicated only because they are RSS workers in the locality. 4. Learned public prosecutor submitted that it is likely that there will be disharmony in the locality because this case is an off shoot of a communal rivalry between two groups but he has no BA No.3945/08 2 objection in granting bail by imposing conditions so that law and order situation in the locality will not be disturbed. Hence, bail is granted to the petitioners on the following terms and conditions. (i) Petitioners shall execute 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 Superintendent of Police, Kasaragod (or any officer who may be deputed for this purpose by the S.P.) on every Monday 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 the crime is registered except with the prior permission of the learned Magistrate. (iv) Petitioners shall not threaten or intimidate any witness and shall not 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 csl