IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 Bail Appl..No. 4119 of 2010() ----------------------------- CRMP.2814/2010 of D.C.& SESSIONS COURT,THODUPUZHA ................................. CRIME NO.221/10 OF MARAYOOR POLICE STATION ................................ PETITIONERS: --------------------- 1. VARGHESE, S/O.VARKEY, AGED 57 YEARS PUTHETHU HOUSE, ADIMALY KARA MANNAMKANDOM VILLAGE, DEVIKULAM TALUK. 2. SCARIA, AGED 57 YEARS, S/O.,VARGHESE POLINJAPALAM BHAGAM, ADIMALI KARA MANNAMKANDOM VILLAGE, DEVIKULAM TALUK. BY ADV. SRI.T.RAMPRASAD UNNI SRI.MANU TOM RESPONDENT(S): -------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER MARAYOOR POLICE STATION. PUBLIC PROSECUTOR MR. V. TEK CHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/07/2010, ALONG WITH BA NO. 4259 OF 2010 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sou. K. HEMA, J ---------------------- B.A.No.4119 OF 2010 and B.A.No.4259 OF 2010 ----------------------------------- Dated this the 12th day of July, 2010 O R D E R These petitions are for bail. 2. The alleged offences are under sections 143, 147, 148, 452, 308, 323, 324 and 506 (ii) r/w section 149 IPC. According to prosecution, 17 persons formed themselves into an unlawful assembly and on 18.6.2010 at about 2 O'clock in the night and armed with deadly weapons like stick, stone, iron pipe etc. trespassed in to the house of defacto complainant and assaulted him and they inflicted injuries. They also destroyed the compound wall and gate of defacto complainant. 3. Learned public prosecutor submitted that petitioners 1 to 13 in B.A.4259/10 are accused nos.A1, A3, A4, A5, A6, A7, A10, A2, A12, A13, A14, A15 & A16 respectively and petitioners 1 and 2 in B.A.4119/10 are accused nos.8 and 9 respectively. The ranks originally given to the accused were rearranged and report was also filed by investigating officer and at present petitioners are ranked as stated above. Petitioners in B.A.4119/10 are wrongly referred to as accused No.10 and 11 by learned Sessions Judge in the bail order, it is submitted. B.A. No.4119 & 4259/10 2 4. Petitioners were arrested on 18.6.2010 and they are in custody for the past 24 days. Learned public prosecutor submitted that he has no objection in granting bail, but stringent conditions may be imposed while granting bail. 5. On hearing both sides, I am satisfied that bail can be granted on conditions. Hence the following order is passed: Petitioners shall be released on bail on their executing a bond for Rs.50,000/- each with two solvent securities each for the like amount to the satisfaction of the learned Magistrate, on following conditions: 1) Petitioners 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. These petitions are allowed. K. HEMA, JUDGE. Sou.