IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 Bail Appl..No. 606 of 2008(S) ----------------------------- CMP.245/2008 of J.M.F.C.-II,HOSDRUG CRIME NO.529/07 OF BEKAL POLICE STATION .................... : PETITIONERS/ACCUSED NO.4,5 AND 6 ------------------------------------------------- 1. SAKKEER K., S/O ABDULLA, AGED 22/07, KUNDADUKKAM HOUSE, KUNDOLAMPARA, UDUMA VILLAGE. 2. MUHAMMADKUNHI A.B., S/O ABDULLA, AGED 20/07, KUNDOLAMPARA, UDUMA VILLAGE. 3. ABOOBACKER CHAPPA, S/O ABDULRAHIMAN, AGED 44/07, KUNDOLAMPARA, UDUMA VILLAGE. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, BEKAL POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/02/2008 ALONG WITH B.A.NO.610 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.Nos.606 & 610 of 2008 ------------------------------------- Dated this the 1st day of February, 2008 ORDER The common petitioners are accused in 2 similar crimes, both registered at the Bekal Police Station for offences punishable, inter alia, under Section 308 r/w 149 I.P.C. The incident in this case is sequel to disputes between the activists of the IUML/NDF on the one hand and CPM on the other in the Kasaragod district. The alleged incident took place on 09.12.07 and 10.12.07. The petitioners do allegedly belong to the NDF/IUML. An earlier application for anticipatory bail filed by the petitioners was dismissed. They have thereafter been arrested on 23.01.08. 2. The learned counsel for the petitioners submits that the inclusion of the allegation under Section 308 I.P.C is not justified and at any rate, it may be noted that all the other offences are bailable. The petitioners who are remaining in custody from 23.01.08 may now be granted regular bail subject to appropriate terms and conditions, submits the learned counsel for the petitioners. 3. The learned Public Prosecutor does not oppose the prayer. He only submits that appropriate conditions may be imposed. B.A.Nos.606 & 610 of 2008 2 4. Having considered all the relevant inputs, I am satisfied that the petitioners can be granted regular bail in both these cases subject of course to appropriate terms and conditions. 5. In the result, these bail applications are allowed. The petitioners shall be released on bail on the following terms and conditions. i) In each case, the petitioners shall execute bonds for Rs.50,000/- (Rupees Fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; ii) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays for a period of two months and thereafter as and when directed by the Investigating Officer in writing to do so; iii) During the said period of 2 months, the petitioners shall not, without the prior permission from the learned Magistrate, enter the jurisdiction of Bakel Police station except for the purpose of complying with condition No.(ii) above. (R.BASANT, JUDGE) rtr/- B.A.Nos.606 & 610 of 2008 3