IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.M.JAMES THURSDAY, THE 13TH JULY 2006 / 22ND ASHADHA,1928 Bail Appl..No. 4144 of 2006 ----------------------------- (CRIME NO.399/2006 OF VADAKARA POLICE STATION) .................... PETITIONERS/ACCUSED NOS. 1, 2,4 & 5 ---------------------------------------------------- 1. PARAMMEL NANU, S/O.KANARAN, MANCHAKANDY THAZHE KUNIYIL HOUSE, AGED 50 YEARS, AYANCHERI AMSOM, MANGALATT DESOM, VADAKARA TALUK. 2. MANCHAKANDY DAMODARAN, S/O.KANNAN, AGED 46 YEARS, AYANCHERI AMSOM, MANGALATT DESOM, VADAKARA TALUK. 3. KARUVARA THAZHE KUNI RAJANCESH, S/O.KANNAN, AGED 24 YEARS, AYANCHERI AMSOM, MANGALATT DESOM, VADAKARA TALUK. 4. P.T.K.RAJEEVAN, S/O.KANNAN, AGED 34 YEARS, PUNATHUM THAZHE KUNI HOUSE, KOTTAPPALLY AMSOM, VALLIYAD DESOM, VADAKARA TALUK. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, VADAKARA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR P.N. SUKUMARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/07/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.M.JAMES, J. -------------- B.A.4144/2006 ------------------ DATED THIS THE 13TH DAY OF JULY, 2006 O R D E R The petitioners 1 to 4 are the accused 1, 2, 4 and 5, in crime No.399/2006 of Vadakara Police Station. The offence alleged against the petitioners and others are under Sections 143, 147, 148, 341, 324 and 307 IPC read with Section 149 IPC. It is alleged that the accused had unlawfully assembled with deadly weapons, in a public road, on 20.6.2006 at about 5.00 p.m., and in furtherance of their common objection, assaulted the defacto complainant, an R.S.S. worker, for the reason that he had tried to change a person from CPI(M) fold into R.S.S. fold. There were different cut injuries, inflicted by the accused. Hence the police registered the case against twenty six persons, including those who could be identified on site. These petitioners were arrested on 23.6.2006. Hence this application for bail, as they are under the judicial detention. B.A.4144/2006 2 2. After hearing both sides and considering the facts on record, I grant bail and release the petitioners from jail, subject to the following conditions:- (a). Each petitioner shall execute a bond for Rs.20,000/-, with two solvent sureties, each for the like sum, to the satisfaction of the Judicial Magistrate of First Class, Vadakara. (b). The petitioners shall not enter the Vadakara police station limit, for a period of two months, immediately on the release. They shall report the place of their residence to the investigating officer. They shall also report to the S.H.O. of the police station, within which limit, they resides for the two months period, once in a week, on every Sunday, between 10.00 a.m and 11.00 a.m. (c). On completion of the above period of two months, the petitioners shall come back to their respective residence and shall report before the Investigating Officer, once in a fortnight, as would be fixed by the Investigating Officer, between 10.00 a.m and B.A.4144/2006 3 11.00 a.m., till the completion of the investigation and filing of the final report, before the Court. (d). The petitioners shall not leave the State of Kerala, until the final trial and disposal of the case. (e). The petitioners shall not indulge in any such activities, causing law and order situation in the area or take part any of the assemblies, which would be unlawful or join any other activities, which is otherwise not permitted by law. The application is allowed as above. J.M.JAMES JUDGE mrcs