IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 Bail Appl..No. 4429 of 2010() --------------------------------------- CRIME NO.806/09 OF TALIPARAMBA POLICE STATION, KANNUR ....................... PETITIONER(S):/ACCUSED NO.4 ------------------------------------------- MUHAMMED SHAFEEQ @ SHAFEEQ, S/O. KUNHAHAMMED, AGED 20 YEARS, CHULLIYODAN HOUSE, THALIPARAMBA P.O., TALIPARAMBA AMSOM, THALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH RESPONDENT(S): COMPLAINANT ---------------------------------------------- STATE, THROUGH THE STATION HOUSE OFFICER TALIPARAMBA POLICE STATION, KANNUR DISTRICT (CRIME NO.806/2009 OF TALIPARAMBA POLCIE STATION, KANNUR DISTRICT) REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR. V. TEK CHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sou. K. HEMA, J ---------------------- B.A.No.4429 OF 2010 ----------------------------------- Dated this the 26th day of July, 2010 O R D E R This petition is for bail. 2. The alleged offences are under sections 153, 454, 353, 436 r/w 34 of IPC. According to prosecution, on 19.12.2009 at about 12.35 am, petitioner (A4) along with three others, set fire to two motor cycles which were kept near the mosque. Thereafter, they were leaving the place, while police party came there and they tried to apprehend the second accused, a police constable was pushed down by second accused and he sustained injuries and all the accused ran away and thereby they committed various offences. 3. Learned counsel for petitioner submitted that petitioner is in custody for the past 23 days with effect from 4.7.2010, the date of arrest. All the co-accused were granted bail. It is submitted that offence u/s 436 IPC will not be attracted, since only motor cycle was set fired. 4. Learned public prosecutor submitted that co-accused were granted bail. Hence he has no objection in granting bail, but B.A. No.4429/10 2 stringent conditions may be imposed. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. Hence the following order is passed: Petitioner shall be released on bail on his executing a bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate, on following conditions: 1) Petitioner shall report before the investigating officer on every Monday, Wednesday and Saturday between 10 AM and 1 PM. 2) Petitioners shall not enter the limits of police station within which crime is registered, except for compliance of condition no.1. 3) Petitioners shall not influence or intimidate the witnesses or tamper with evidence. 4) In case petitioners are involved in other crime of similar nature, the bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE. Sou.