IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 Bail Appl..No. 3638 of 2008() ----------------------------- CMP.1583/2008 of J.M.F.C.-II,HOSDRUG .................... PETITIONERS/ACCUSED 1,2 AND 5 ---------------------------------------------- 1. KRISHNAN, S/O.NARAKALAN, AGED 27 YEARS, NEDUVOTTUPARA, PERIYA VILLAGE. 2. NARAKALAN, S/O.KOTTAN, AGED 54 YEARS NEDUVOTTUPARA, PERIYA VILLAGE 3. GOVINDAN, S/O.KALLAPPAN, AGED 33 YEARS, NEDUVOTTUPARA, PERIYA VILLAGE. BY ADV. SRI.SUNNY MATHEW RESPONDENT : COMPLAINANT -------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE BEKAL POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------- B.A.No.3638 of 2008 ------------------------------------------- Dated this the 6th day of June, 2008 ORDER Petition for bail. 2. Petitioners are accused Nos.1, 2 and 5 in crime No.235/2008 of Bekal Police Station. The alleged offences are under Sections 143, 147, 148, 341, 323, 324, and 308 read with Section 149 of IPC. 3. Learned counsel for the petitioners submitted that the petitioners are in custody since 24.5.2008 onwards. The recovery is effected. Petitioners are questioned. There is a counter case also registered under Sections 341 and 324 of IPC that both sides sustained injuries. Police has included Section 308 in this case only to harass the petitioner, at the instance of defacto complainant and the witnesses who belong to rival political party, it is alleged. 4. Learned public prosecutor submitted that there is a clash between CPM and Congress workers. It is pointed out that a law and order situation may arise in the locality in case the petitioners are released on bail. So, if bail is granted it may on stringent condition, it is submitted. BA NO.3638/08 2 5. On hearing both sides, bail is granted on the following terms and conditions: (i) Petitioners shall execute bond for Rs.25,000/- (Rupees Twenty Five Thousand only) each with two solvent sureties each for the like sum to the satisfaction of the Judicial First Class Magistrate Court-II, Hosdurg. (ii) Petitioners shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. (iii) Petitioners shall not leave the limits of the police station in which the incident happened except with the previous permission of the court and for complying with condition stated in clause (ii) above. (iv) Petitioners shall not threaten any witnesses. (v) In case, petitioners are involved in offence of similar nature, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl