IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932 Bail Appl..No. 1706 of 2010 CRIME NO.137 OF 2010 OF BEKAL POLICE STATION, KASARAGOD PETITIONERS/ACCUSED NO.15 --------------------------------------------- K.ALI ASKAR @ ASKAR,S/O.KUTTY AMI, JUMA MASJID ROAD,KIZHOOR,KALANAD VILLAGE, HOSDURG TALUK,KASARAGOD DISTRICT. BY ADV. SMT.T.SUDHAMANI RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1706 OF 2010 ------------------------------------------------------ Dated this the 23rd day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.15 in Crime No.137 of 2010 of Bekal Police Station. 2.The offences alleged against the accused are under Sections 143, 147, 148, 341, 324, 332, 308 and 427 read with Section 149 of the Indian Penal Code and Section 3(1) of the PDPP Act. 3. The date of occurrence was on 27.2.2010 at 7.20 PM. The allegation is that about 200 persons assembled near a mosque to protest against the alleged inaction of the police in the matter of investigation into the unnatural death of Janab C.M.Abdulla Moulavi. It is alleged that when an atuorickshaw carrying newspapers came to the place, the mob intercepted the autorickshaw, took out the newspapers and set fire to the same. The police tried to prevent. The accused persons pelted stones against the police and also caused destruction to the police jeep. B.A. NO. 1706 OF 2010 :: 2 :: 4. The petitioner was arrested on 8.3.2010 and he was remanded to judicial custody. 5. As per the order dated 18.3.2010 in B.A.No.1611 of 2010, bail was granted to accused Nos.10, 11, 20 and 22. 6. 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 investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. 7. 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, Hosdurg, 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.A. NO. 1706 OF 2010 :: 3 :: 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 ahz/