IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 Bail Appl..No. 7314 of 2008() ----------------------------- CMP.5571/2008 of J.M.F.C.,VADAKARA CRIME NO.75/2008 OF EDACHERY POLICE STATION PETITIONER/ACCUSED NO.3: ------------------------------ SHAMSEER, S/O. AHAMMED, AGED 23 YEARS, THERUVIKOOL HOUSE, AZHIYOOR, POOZHITHALA. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): --------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, EDACHERY POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7314 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of December,2008 O R D E R Petition for bail. 2. The alleged offences are under sections 143, 147, 148, 447, 506(ii), 427 and 153A read with section 149 IPC. According to prosecution, petitioner (A3) along with other accused formed into unlawful assembly armed with deadly weapons, committed rioting and in prosecution of the common object of the unlawful assembly, trespassed into the courtyard of the house of de facto complainant, committed mischief and also uttered some words for promoting hatred or ill-will between different religious. 3. Petitioner was arrested on 18-11-2008. Learned Public Prosecutor submitted that he has no objection in granting bail on conditions. 4. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. 5. Hence, petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate, on the following conditions:- 1) Petitioner shall report before the Investigating BA 7314/2008 2 Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. Petitioner is exempted from reporting before the Investigating Officer on the Bakrid day on 8-12-2008. 2) Petitioner shall not enter the limits of the police station within which the crime is registered except for compliance of condition (1). 3) Petitioner shall not intimidate or influence any witness or commit any offence while on bail and in case breach of this condition, bail is liable to be cancelled. This petition is allowed. K.HEMA, JUDGE. mn.