IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 Bail Appl..No. 7491 of 2008() ------------------------------------ CRMP.2544/2008 of SESSIONS COURT, KASARAGOD CRIME NO.674/2008 OF HOSDURG POLICE STATION .................... PETITIONERS/ACCUSED : ----------------------------- 1. KICHU @ RAHUL.N.S., AGED 19 YEARS, S/O.SAHARAJAN, RESIDING AT KARUAVALAM, NEAR E.M.S. CLUB, PADANNAKKAD, KANHANGAD VILLAGE, HOSDURG TALUK. 2. SUDEESH.K, AGED 21 YEARS, S/O.VASU, RESIDING AT KARUAVALAM, NEAR E.M.S.CLUB, PADANNAKKAD, KANHANGAD VILLAGE, HOSDURG TALUK. 3. VIJESH.C., AGED 24 YEARS, S/O.CHANDRAN, RESIDING AT KARUAVALAM, NEAR E.M.S.CLUB, PADANNAKKAD, KANHANGAD VILLAGE, HOSDURG TALUK. 4. NISHANTH, S/O.NARAYANAN, RESIDING AT KARUAVALAM, NEAR E.M.S.CLUB, PADANNAKKAD, KANHANGAD VILLAGE, HOSDURG TALUK. BY ADV. SRI.T.K.VIPINDAS RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING, S.H.O.HOSDURG POLICE STATION. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.7491 OF 2008 ------------------------------ Dated this the 11th day of December, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 143, 147, 148, 324, 308 read with 149 of I.P.C. According to prosecution, petitioners (accused nos.1 to 4) along with 10 other identifiable persons formed into an unlawful assembly and armed with deadly weapons committed rioting and in prosecution of common object of the assembly, committed culpable homicide. They also caused grievous hurt to the defacto complainant. The incident occurred on 04.11.2008. 3. Learned counsel for petitioners submitted that accused nos.1 to 3 were arrested on 11.11.2008 and fourth accused was arrested on 08.11.2008. They are in custody for the past more than 30 days. 4. Learned Public Prosecutor submitted that he has no objection in granting bail on conditions. On hearing both sides, I am satisfied that bail can be granted to petitioners on conditions. B.A.7491 of 2008 2 Hence the following order is passed : (i) Petitioners shall execute a bond for Rs.50,000/- each with two solvent sureties each for like sum to the satisfaction of the Magistrate court concerned. (ii) Petitioners shall report before Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. (iii) Petitioners shall not enter the limits of the police station within which crime is registered except for compliance of condition in clause no.(ii). (iv) Petitioners shall not influence or intimidate any witness or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE pac