IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 Bail Appl..No. 6575 of 2008() ----------------------------- CRMP.3538/2008 of J.M.F.C.,NADAPURAM (CRIME NO.263/2008 OF VADAKKEKAD POLICE STATION) PETITIONER/ACCUSED NO.1 ------------------------------------------- KHALEEL, S/O.ABDUL KADHAR, AGED 27, VALIYAKATH VEEDU, PANANTHARA DESOM, PUNNAYURKULAM VILLAGE, BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE VADAKKEKKAD POLICE STATION 2. THE CIRCLE INSPECTOR OF POLICE, CHAVAKKAD POLICE STATION. (RESPONDENTS 1 AND 2 REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM) PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl.No. 6575 of 2008 --------------------------------------------------- Dated this the 13th day of November, 2008. ORDER Petition for bail. 2. The alleged offences are under Sections 143, 147, 148, 341, 324, 326, 307 read with Section 149 of IPC. According to prosecution, on 22.4.2008 petitioner (A1) along with other accused formed into an unlawful assembly armed with deadly weapons assaulted the de facto complainant and attempted to cause murder. 3. Learned counsel for petitioner submitted that this is the second application for bail. The first application was dismissed mainly because it was submitted that petitioner was wanted for detention under the Kerala Anti-Social Activities (Prevention) Act, 2007. But the proceedings initiated against petitioner under the said Act was revoked by the Government and hence petitioner may be granted bail. It is also submitted that, though petitioner is an accused in other cases, he is innocent and in all cases he is on bail. 4. This petition is opposed. Learned Public Prosecutor [B.A.No.6575/08] 2 submitted that petitioner is involved in six other cases and if he is granted bail, he will not be available for trial. The charge- sheet has already been submitted. 5. On hearing both sides, I find that bail can be granted to petitioner on conditions, since he is in bail in all other cases. Hence, bail is granted to petitioner on the following terms and conditions: i) Petitioner shall execute a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate court concerned. ii) Petitioner shall report before the Investigating Officer on every alternate day between 10 A.M. and 1 P.M. until further orders. iii) Petitioner shall not leave the limits of the police station within which crime is registered except with the prior permission of the learned Magistrate. iv) Petitioner shall not influence or intimidate any witness 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. Petition is allowed. K. HEMA, JUDGE. Krs.