IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 1ST JULY 2010 / 10TH ASHADHA 1932 Bail Appl..No. 3269 of 2010(C) ------------------------------------------ [CRIME NO. 523/2010 OF HOSDURG POLICE STATION, KASARAGOD DISTRICT) .................... PETITIONERS/ACCUSED NOS.1 TO 4: ------------------------------------------------------ 1. A.K.KILLER, AGED 20 YEARS, S/O.MUHAMMED, BALLA KADAPPURAM, BALLA VILLAGE, KASARAGOD DISTRICT. 2. M.K.JUNAID, AGED 20 YEARS, S/O.IBRAHIM, M.K.HOUSE, BALLA KADAPPURAM,, BALLA VILLAGE, KASARAGOD DISTRICT. 3. M.S.JASID, AGED 20 YEARS, S/O.KUNHABDULLA, JASID MANZIL, BALLA KADAPPURAM, BALLA VILLAGE, KASARAGOD DISTRICT. 4. A.K.ISMAIL, AGE 26 YEARS, S/O.HUSSAINAR, A.K.HOUSE, BALLA KADAPPURAM, BALLA VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH. RESPONDENTS/COMPLAINANT & STATE: ------------------------------------------------------------ 1. STATE-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, (CRIME NO.523/2010 OF HOSDURG POLICE STATION), KASARGOD DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR SRI. V. TEKCHAND. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/07/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K.HEMA, J. ------------------ B.A. No. 3269 of 2010 ------------------------------------ Dated this the 1st day of July, 2010 O R D E R Petition for bail. 2. The alleged offences are under Sections 143, 147, 148, 341, 323, 324, 326 and 308 read with Section 149 of the Indian Penal Code. According to prosecution, on 18.05.2010 at about 9.30 P.M., accused nos. 1 to 9 formed themselves into an unlawful assembly and committed rioting, armed with deadly weapons like iron rod, sticks etc. and wrongfully restrained the de facto complainant and assaulted him and caused grievous hurt and other offences are referred above. 3. Petitioners are accused nos. 1 to 4. Petitioners were arrested on 20.05.2010 and they are in custody for the past 42 days. This petition is not opposed. Learned Public Prosecutor submitted that he has no objection in granting bail, taking into consideration, stage of investigation and period of detention. 4. On hearing both sides, I am satisfied that bail can be granted to petitioners on conditions. Hence the following order is passed: B.A. No. 3269 / 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 and Thursday, 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. This petition is allowed. K. HEMA, JUDGE ln