IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 Bail Appl..No. 2875 of 2009() --------------------------------------- CMP.2580/2009 of J.M.F.C.-II, KOLLAM CRIME NO.187/2009 OF ERAVIPURAM POLICE STATION, KOLLAM .................... PETITIONER/1ST ACCUSED : -------------------------------------------- MUJEEB REHUMAN, S/O.MUHAMMED KUNJU, HAPPY DAYIL, SAIVUNA NAGAR, HOUSE NO.43, VADAKKEVILA CHERI, VADAKKEVILA VILLAGE, KOLLAM. BY ADV. SRI. K.SIJU RESPONDENT/ STATE: ----------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, ERAVIPURAM POLICE STATION THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2875 of 2009 ------------------------------------ Dated this the 8th day of June, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal procedure. The petitioner is the first accused in Crime No. 187/2009 of Eravipuram Police Station. 2. The offence alleged against the petitioner is under Sections 143, 147, 148, 324, 308 and 427 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 16/05/2009, the accused persons formed an unlawful assembly and attacked United Democratic Front Workers, who were participating in the Victory Rally in connection with the declaration of the results in the Loksaba Election. It is alleged that the accused persons pelted stones at the defacto complainant and others. The petitioner was arrested on 17/05/2009 and he is in judicial custody. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of B.A. No. 2875 /2009 2 investigation, I am of the view that bail can be granted to the petitioner. 5. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Kollam subject to the following conditions:- A) The petitioner 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 petitioner shall appear before the Investigating Officer for interrogation as and when required. C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner 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. The Bail Application is allowed as above. K.T. SANKARAN, JUDGE scm