IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 Bail Appl..No. 1536 of 2010() --------------------------------- CRIME NO. 138/2010 OF BEKKAL POLICE STATION ..................... PETITIONER/ACCUSED : ------------------------------ A.S.SHAHUL HAMEED NISSAR S/O.M.A.ABDUL SALAM, AGED 29, SULTAN MANZIL DELIVALAPPIL, MELPARAMBA, KASARAGOD. BY ADV. SRI.VINOD VALLIKAPPAN RESPONDENT: --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/03/2010 ALONG WITH B.A.NO. 1544/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. ------------------------ B.A. Nos. 1536 & 1544 of 2010 --------------------------------------- Dated this the 17th day of March, 2010 O R D E R These Bail Applications are filed by A.S. Shahul Hameed Nissar, who is accused No.18 in Crime Nos.137 and 138 of 2010 of Bekkal Police Station. B.A. No.1544/2010 relates to Crime No.137 of 2010 and B.A. No.1536/2010 relates to Crime No.138 of 2010. 2. In Crime No.137/2010, the offences alleged against the petitioner are under Sections 143, 147, 148, 341, 332, 308 and 427 read with Section 149 of the Indian Penal Code and Section 3(1) of the PDPP Act. The date of occurrence was on 27/2/2010 at 7.20 P.M. 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 autorickshaw 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 B.A. Nos. 1536 &1544 of 2010 2 pelted stones against the police and also caused destruction to the police jeep. The petitioner was arrested on 4/3/2010 and he was remanded to judicial custody. 3. The offences alleged against the petitioner in Crime No.138/2010 are under Sections 143, 147, 148 and 149 of the Indian Penal Code and Section 3(1) of the PDPP Act. The date of occurrence was on 27/2/2010 at 7.25 P.M. The incident allegedly occurred at the same place of occurrence as mentioned in Crime No.137/2010. The petitioner was arrested on 4/3/2010 and he was remanded to judicial custody. 4. 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. 5. 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-II, Hosdurg subject to the following conditions:- B.A. Nos. 1536 &1544 of 2010 3 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. 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. Bail Applications are allowed as above. K.T. SANKARAN, JUDGE scm