IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 Bail Appl..No. 3331 of 2010() ---------------------------------------- CRIME NO.687/2010 OF FORT KOCHI POLICE STATION, ERNAKULAM ........ PETITIONERS/ ACCUSED ------------------------------- 1. NAZEER AHAMMED, SON OF HAMSA, RESIDING AT KIZDEL BRANCH ROAD, HOUSE NO.1/1149(A) KUNNUMPURAM, FORT KOCHI VILLAGE. 2. MUBASHEER, SON OF HAMSA, CHALIYIL HOUSE, THIRUVAZHAMKUNNU P.O., ALANALOOR VILLAGE, PALAKKAD DISTRICT. 3. V.P.SACHARIA, SON OF V.M.PARDETH, RESIDING AT MECHANCY VILLAGE, HOUSE NO.XI/657, PATTALOM, FORT KOCHI VILLAGE. BY ADV. SRI.N.KRISHNA PRASAD RESPONDENT(S): STATE & COMPLAINANT ------------------------ 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, FORT KOCHI POLICE STATION. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.HEMA, J. ------------------ B.A. No. 3331 of 2010 ------------------------------------ Dated this the 11th day of June, 2010 O R D E R Petition for bail. 2. The alleged offences are under Section 153(A)(a) read with Section 34 of the Indian Penal Code and Section 12 of the Press Regulation of Block Act. According to prosecution, petitioners 1 to 3 distributed pamphlets with intention to promote enmity between two religious groups(Christians and Muslims). The incident happened on 23.04.2010 at about 7.25 P.M. and the petitioners were arrested from the spot. 3. Petitioners are in custody for the past 18 days. This petition is not opposed but learned Public Prosecutor submitted that stringent conditions may be imposed while granting bail. 4. On hearing both sides, I am satisfied that bail can be granted on conditions. Hence the following order is passed: Petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for the like sum to the B.A. No. 3331 of 2010 2 satisfaction of the Magistrate Court concerned on the following conditions: i) Petitioners shall appear before the Investigating Officer on every Monday, Wednesday and Saturday, between 10 A.M. and 1 P.M., until further orders. ii) Petitioners shall not enter the limits of the police station within which the crime is registered, except for compliance of condition no.1, until further orders. iii) Petitioners shall not influence or intimidate any witnesses or tamper with the evidence. ii) In case, petitioners are involved in any similar offence, bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE ln