IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 8TH JUNE 2010 / 18TH JYAISTHA 1932 Bail Appl..No. 3287 of 2010() ---------------------------------- CRIME NO. 250/2010 OF POTHENCODE POLICE STATION ................... PETITIONERS/ACCUSED 1 TO 3 : ------------------------------------- 1. SHIYAS, S/O. ABDUL AZEEZ, RIYAS MANZIL, ANDOORKONAM, EDATHARA MURI, ANDOORKONAM VILLAGE. 2. SHEMEER, S/O. SHEREEF, KALIVILAKATHU VEEDU, PACHIRA, PACHIRA WARD, PALLIPURAM VILLAGE. 3. NISHAD, S/O. ABDUL VAHAB, PANAYIL VEEDU, AMABALLOOR, ANDOORKONAM DESOM, KAZHAKOOTTAM VILLAGE. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR RESPONDENT/STATE : -------------------------- THE SUB INSPECTOR OF POLICE, POTHENCODE POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No. 3287 of 2010 ------------------------------------ Dated this the 8th day of June, 2010 O R D E R Petition for bail. 2. The alleged offences are under Sections 143, 147, 148, 149, 323, 324, 308, 452 and 427 of the Indian Penal Code and read with Section 27 of the Arms Act. According to prosecution, petitioners(A1 to A3) along with six other persons formed themselves into an unlawful assembly armed with sword trespassed into the library and attacked de facto complainant and committed various offences. The incident happened on 06.05.2010 at about 9.15 P.M. 3. Learned counsel for petitioner submitted that petitioners surrendered before the Magistrate Court on 19.05.2010 and they are in custody for the past 22 days. 4. Learned Public Prosecutor submitted that first accused adduced a sword and inflicted incised wound on the de facto complainant. As far as the second and third accused are concerned, they stamped and beat the de facto complainant and he has no objection in granting bail to second and third accused, B.A. No. 3287 of 2010 2 but he strongly opposes bail to first petitioner. 5. On hearing both sides, I am satisfied that the submissions made by the learned Public Prosecutor and I find that bail can be granted to second and third accused, but bail is to be refused to first accused. Hence the following order is passed: 1. The request for bail by the first accused is rejected. 2. Second and third accused shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: i) Second and third accused shall report before the Investigating Officer on every Monday and Thursday, between 10 A.M. and 1 P.M., until further orders. ii) Second and third accused shall not enter the limits of the police station within which the crime is registered, except for compliance of condition no.1, until further orders. B.A. No. 3287 of 2010 3 iii) Second and third accused shall not influence or intimidate any witness or tamper with the evidence. This petition is partly allowed. K. HEMA, JUDGE ln