IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 9TH JULY 2010 / 18TH ASHADHA 1932 Bail Appl..No. 3886 of 2010() ------------------------------------------ (CR.NO.224/2010 OF PARIYARAM MCH POLICE STATION,KANNUR DISTRICT) PETITIONERS (A6 TO 10): ------------------------------------------ 1. PADMALOCHANAN T.V. @ KANNADA BABU, S/O.OTHENAN, AGED 42 YEARS, THOTTON HOUSE, PARIYARAM AMSOM DESOM 2. P.P.RAJEEVAN, S/O. BALAN, AGED 37 YEARS, PUTHIYAPURAYIL HOUSE, PARIYARAM AMSOM. 3. M.T.DINESAN, S/O. GOVINDAN, AGED 35 YEARS, MUTHUTHARAYIL HOUSE, PARIYARAM AMSOM. 4. SURESAN @ KUDI SURESAN, S/O.NARAYANAN, AGED 38 YEARS, MALAPPADAVAN HOUSE, PARIYARAM AMSOM. 5. DINESAN M., AGED 40 YEARS, S/O.NARAYANAN, MALAPPADAVAN HOUSE, PARIYARAM AMSOM. BY ADV. SMT.M.R.JAYALATHA RESPONDENT(S): --------------------------- STATION HOUSE OFFICER, PARIYARAM MCH POLICE STATION, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/07/2010 ALONG WITH BA.NO.4070 OF 2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.HEMA, J. ------------------ B.A. Nos. 3886 & 4070 of 2010 ---------------------------------------- Dated this the 9th day of July, 2010 O R D E R Petitions are for bail. 2. The alleged offences are under Sections 143, 147, 148, 452, 294(b), 506(i), 427 and 395 read with Section 34 of the Indian Penal Code. According to prosecution, on 29.05.2010 at about 4 P.M., petitioners(accused nos. 1, 2, 4 and 6 to 10) along with others, who are CPI(M) workers due to political enmity formed themselves into an unlawful assembly committed criminal trespass into the house of the de facto complainant and assaulted him using weapons and caused damage to the house and also committed theft of 40 sovereigns of gold ornaments kept in the almirah. 3. Learned counsel for petitioners submitted that the F.I.R. was lodged only after five days of the incident and that this is a politically motivated case. Petitioners are in custody for the past 30 days. 4. This petition is not opposed. On hearing both sides, I am satisfied that bail can be granted to petitioners on conditions. Hence the following order is passed: B.A. Nos. 3886 & 4070 / 2010 2 Petitioners 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) Petitioners shall report before the Investigating Officer on every Monday, Wednesday and Saturday, between 10 A.M. and 1 P.M. ii) Petitioners shall not enter the limits of the police station within which the crime is registered, except for compliance of condition no.1. iii) Petitioners shall not influence or intimidate any witness or tamper with the evidence. iv) In case, petitioners are involved in any similar offence, their bail is liable to be cancelled. These petitions are allowed. K. HEMA, JUDGE ln