IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 17TH MAY 2010 / 27TH VAISAKHA 1932 Bail Appl..No. 2566 of 2010() ----------------------------- CMP.1634/2010 of J.M.F.C.-II,KOTTARAKKARA CRIME NO.557/2010 OF KADAKKAL POLICE STATION, KOLLAM. .................... (S): 1ST ACCUSED: -------------------------------- SHAJI @ KOCHETTAN, S/O.SHARAFUDHEEN, PONGUVILA VEEDU, PERUMANA MOOLAYIL COLONY, MOOTHAYIL MURI, MANGODU VILLAGE,KOTTARAKKARA TALUK BY ADV. SRI. K.SIJU SRI.S.SUDHEESHKAR RESPONDENT(S): STATE: --------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, KADAKKAL POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.2566 of 2010 ---------------------------------------------- Dated 17th May, 2010. O R D E R This petition is for bail. 2. The alleged offences are under Sections 143, 147, 148, 452, 294(b), 427, 506(ii) and 149 of the Indian Penal Code read with Section 27 of the Arms Act. According to prosecution, petitioner along with the other accused formed into an unlawful assembly and trespassed into the house of CW1, used abusive languages against him and caused damage to a motor bike. He was also intimidated using sword. 3. Petitioner, who is the first accused was arrested on 19.4.2010. The incident occurred on 18.4.2010. Learned counsel for the petitioner submitted that on the same day, three incidents allegedly occurred from 11 a.m. to 11.30 a.m. at different homes and three crimes were registered against the petitioner and others for similar offences, for trespassing into three different persons' houses. The petitioner is in custody from 19.4.2010 and no injury is sustained to any of the alleged victims. 4. Learned Public Prosecutor submitted that taking BA NO. 2566/10 2 into consideration the stage of investigation and the period of custody, he has no objection in granting bail on stringent conditions. 5. On hearing both sides, I am satisfied that bail can be granted on conditions. Hence, bail is granted to the petitioner on his executing bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned, on the following conditions : i. Petitioner shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m., until further orders. ii. Petitioner shall not enter the limits of the Police Station, within which the crime is registered, except for the compliance of condition No.(i). iii. Petitioner shall not intimidate any witness or tamper with evidence. iv. If any of the above conditions are violated, bail BA NO. 2566/10 3 is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE. tgs K.HEMA, J ---------------------------------------------- Bail Application No.2566 of 2010 ---------------------------------------------- O R D E R Dated 17th May, 2010.