IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH FEBRUARY 2010 / 19TH MAGHA 1931 Bail Appl..No. 628 of 2010 CRIME NO.804 OF 2009 OF TALIPARAMBA POLICE STATION PETITIONER: ACCUSED NO.5: ------------------------------ T.V.GIREESH, S/O.BALAKRISHNAN, VAZHAVALAPPIL HOUSE, THALIPARAMBA AMSOM, KARYAMBALAM, TALIPARAMBA TALUK. BY ADV. SMT.M.R.JAYALATHA RESPONDENT: --------------- STATION HOUSE OFFICER, TALIPARAMBA POLICE STATION, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/02/2010, ALONG WITH B.A.NO.629, 630 & 631 OF 2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NOS.628, 629, 630 & 631 OF 2010 ------------------------------------------------------ Dated this the 8th day of February, 2010 O R D E R The petitioner, T.V.Gireesh, who is the fifth accused in Crime No.804 of 2009 and the eleventh accused in Crime Nos.799, 803 and 800 of 2009 of Taliparamba Police Station, has filed these applications for bail under Section 439 of the Code of Criminal Procedure. 2. The offences alleged against the accused persons are under Sections 143, 147, 153 and 436 read with Section 149 of the Indian Penal Code. In Crime Nos.799 and 800 of 2009, the offence under Section 120B was also involved. 3. It is stated that there was a series of clashes between workers of two political parties, namely, Communist Party of India (Marxist) and Indian Union Muslim League. The allegation is that the accused persons set fire to three motor bikes and a car. Accordingly, four crimes were registered against the petitioner and others. B.A. NOS.628, 629, 630 & 631 OF 2010 :: 2 :: 4. As per the order dated 21.1.2010 in B.A.No.247 of 2010 and connected cases, bail was granted to M.Santhosh @ Santhosh Kumar, who is one of the accused in all the aforesaid crimes. It is submitted that the other accused who were arrested were also granted bail by this Court. 5. 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. The petitioner shall be released on bail on his executing bond for Rs.25,000/- in each case with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Taliparamba, 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; B.A. NOS.628, 629, 630 & 631 OF 2010 :: 3 :: c) The petitioner shall surrender his passport before the Judicial Magistrate of the First Class, Taliparamba within a period of one week from today. If the petitioner does not hold an Indian passport, an affidavit sworn to by him to that effect shall be filed within one week before the learned Magistrate; d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; f) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Applications are allowed as above. (K.T.SANKARAN) Judge ahz/