IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 25TH FEBRUARY 2008 / 6TH PHALGUNA 1929 Bail Appl..No. 1132 of 2008() ----------------------------- CMP.572/2008 of J.M.F.C.-II,HOSDRUG CRIME NO.90/2008 OF BEKAL POLICE STATION .................... : PETITIONER/ACCUSED: ------------------------------------ 1. VINODKUMAR V., AGED 23 YEARS (A1), S/O. VIJAYAN, PAKYARA HOUSE, PAKYARA, UDUMA VILLAGE, KASARAGOD DISTRICT. 2. SHAIJU P.V., AGED 20 YEARS (A2), S/O. BHASKARAN, THAYATHUVALAPPIL HOUSE, ARATTUKADAVU, PALLIKKARA-II VILLAGE, KASARAGOD DISTRICT. 3. K. VIJAYAN, AGED 26 YEARS (A3), S/O. KANNAN, KANNIKULANGARA, UDMA VILLAGE, KASARAGOD DISTRICT. 4. M. NARAYANAN @ THEKKEKKARA NARAYANAN, AGED 34 YEARS (A4), S/O. KUNHIRAMAN, THEKKEKARA HOUSE, PALAKUNNU, UDUMA VILLAGE, KASARAGOD DISTRICT. 5. A. RAMESHAN, AGED 31 YEARS (A5), S/O. P.RAGHAVAN, EROLEKKUNNEL HOUSE,ARATTUKADAVU, PALLIKKARA II VILLAGE, KASARAGOD DISTRICT. 6. KUMARAN B., AGED 54 YEARS (A6), S/O. KOTTAN, KUNNUMMAL, ARATTUKADAVU, PALLIKKARA II VILLAGE, KASARAGOD DISTRICT. 7. KRISHNAN PARAMMAL, AGED 33 YEARS (A7), S/O. LATE KOTAN, PARAMMAL HOUSE, MALAMKUNNU, PALLIKKARA II VILLAGE, KASARAGOD DISTRICT. 8. CHANDRAN T., AGED 38 YEARS (A8), S/O. APPAKUNHU, KADAMBANCHAL, MUTHIYAKKAL, PALLIKKARA II VILLAGE, KASARAGOD DISTRICT. 9. MOHANAN P., AGED 35 YEARS (A9), S/O. VELLUNGA, SHOBHA NIVAS, THIRUVAKOLI, PALLIKKARA II VILLAGE, KASARAGOD DISTRICT. 10. VINODKUMAR P., AGED 27 YEARS(A10), S/O. BHASKARAN, MUTHIYAKKAL HOUSE, MUTHIYAKKAL, PALLIKKARA II VILLAGE, KASARAGOD DISTRICT. 11. PRAVEENKUMAR T.K., AGED 22 YEARS (A11), S/O. KUMARAN, T.K. NILAYAM, THEKKEKARA, UDUMA, KASARAGOD DISTRICT. 12. SHAIJU K., AGED 19 YEARS, (A12), S/O. KOTTAN, KOVVAL HOUSE, UDUMA PADINHARU, UDUMA VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.T.K.VIPINDAS RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING S.H.O., BEKAL POLICE STATION. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1132 of 2008 ---------------------------------------- Dated this the 25th day of February 2008 O R D E R Application for regular bail. Petitioners are accused 1 to 2. They face allegations in a crime registered alleging commission of offences punishable inter alia under Sections 332 and 308 read with 149 I.P.C. The alleged incident took place on 8/2/2008. Petitioners were arrested on various dates between 8/2/2008 and 12/2/2008. They continue in custody from the dates of their respective arrest. Investigation is not complete. Political animosity is the alleged motive. Petitioners, who owe allegiance to the ruling political party in the State are alleged to have assaulted the victims who owe allegiance to the opposition political party. A meeting addressed by the opposition political leader was allegedly disturbed and disrupted by the petitioners who allegedly indulged in wanton acts of mischief and violence against the police party which had reached the scene of the crime. 2. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer on condition that appropriate safeguards may be insisted and imposed and I am satisfied that the petitioners can now be B.A.No.1132/08 2 enlarged on bail subject to appropriate conditions which shall ensure the interests of a fair, efficient and expeditious investigation. Appropriate conditions can also be imposed to ensure that the law and order situation in the locality is not disturbed by the release of the petitioners. 3. In the result, this petition is allowed. The petitioners shall be released on bail on the following terms and conditions: i) They shall execute bonds for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioners shall make themselves available for interrogation before the investigating officer between 10 a.m and 12 noon on all Mondays and Fridays, for a period of two months. iii) During the said period of two months, the petitioners shall not enter the jurisdiction of Bekal police station without the prior permission of the learned Magistrate except for the purpose of complying with condition No.2 above. (R.BASANT, JUDGE) jsr B.A.No.1132/08 3 B.A.No.1132/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007