IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 30TH SEPTEMBER 2011 / 8TH ASWINA 1933 Bail Appl..No. 7790 of 2011() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.6816/2011 CRIME NO.445/2011 OF TALIPARAMBA POLICE STATION KANNUR DISTRICT .................... PETITIONER : ACCUSED: -------------------- ANOOP. N, S/O.CHACKO,AGED 26 YEARS, NIRICHAN HOUSE,PATTUVAM,MANGALASSERY, THALIPARAMBA TALUK. BY ADV. SRI.P.NARAYANAN RESPONDENT: --------------- STATION HOUSE OFFICER, TALIPARAMBA POLICE STATION REP.BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.7790 of 2011 ---------------------------------------------- Dated this the 30th day of September, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.445 of 201 of Taliparamba Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 341, 324, 307 and 302 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 5.7.2011, the accused persons attacked the Indian Union Muslim League workers, namely, Anwar and Jazeel and stabbed them. Anwar died at Unity Hospital, Mangalore on the same day. Jazeel sustained grievous injuries. It is alleged that the accused persons are the workers of Communist Party of India (Marxist). The deceased, the injured and others were engaged in the painting work of a building. After the work was over, they went to a shop. It is alleged that accused No.2 (petitioner) called the other accused over telephone and arranged the attack. It is alleged that there was tension between C.P.I.(M) workers and IUML workers in the area for quite some time before the incident. Bail Appln.No.7790/2011 : 2 : 4. The petitioner was arrested on 15/7/2011 and he was remanded to judicial custody. 5. Bail Application Nos.6158 of 2011 and 6816 of 2011 filed by the petitioner were dismissed by the order dated 3rd August, 2011 and 5th September, 2011 respectively. Investigation has progressed thereafter. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offences and the present stage of investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. 7. The petitioner shall be released on bail on his executing bond for `25,000/-(Rupees Twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Thaliparamba, subject to the following conditions:- A) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays for two months and thereafter on Mondays, till the final report is filed or until further orders; Bail Appln.No.7790/2011 : 3 : B) The petitioner shall appear before the investigating officer for interrogation as and when required; C) The petitioner shall not enter into the limits of Thaliparamba Police Station for a period of one month except for complying with conditions 'A' and 'B'. D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. F) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE skj