IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 21ST JUNE 2010 / 31ST JYAISTHA 1932 Bail Appl..No. 3720 of 2010() ----------------------------- CRIME NO.374/09 OF NADAPURAM POLICE STATION, KOZHIKODE. .................... (S): PETITIONER ------------------------------ KATTIL OTHAYOATH SHABEER, AGED 22 YEARS, S/O.BASHEER, CHELERI KOMATH HOUSE, CHALAPURAM, VELLOOR AMSOM, NADAPURAM. BY ADV. SRI.M.ASOKAN SRI.DEVAPRASANTH.P.J. RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY SI OF POLICE, NADAPURAM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.3720 of 2010 ---------------------------------------------- Dated 21st June, 2010. O R D E R This petition is for bail. 2. The alleged offences are under Sections 143, 145, 147, 148, 341 and 353 read with Section 149 of the Indian Penal Code and Section 3(1) of the Prevention of Damage to Public Property Act. According to prosecution, on 12.10.2009, at about 6.25 p.m., an unlawful assembly was formed and in prosecution of the common object of the assembly, pelted stones and sticks towards police party, who were on law and order duty and caused damage to a police Jeep, causing a loss of Rs.5,000/-. 3. Learned counsel for petitioner submitted that petitioner was arrested in connection with crime no.410/09, in which he was first accused. Petitioner is thereafter, implicated in the present case as the 70th accused. He is absolutely innocent of the allegations made. 4. Learned Public Prosecutor submitted that petitioner is involved in two other crimes of similar nature and hence this petition is opposed. Petitioner is 70th accused and he was BA NO.3720/10 2 arrested in connection with another case, on 7.5.2010 and his formal arrest was recorded in this case on 25.5.2010, when he was caused to be produced before the court as per a production warrant. The offence alleged against him is of serious nature. 5. On hearing both sides and considering the circumstances under which petitioner was implicated, I find that bail can be granted to petitioner on conditions. Hence, the following order is passed : Petitioner shall be released on bail on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the court concerned, on the following conditions : (i) Petitioner shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. (ii) Petitioner shall not enter the limits of the police station, within which crime is BA NO.3720/10 3 registered, except for compliance of condition no.1 (iii) Petitioner shall not influence or intimidate any witness or tamper with evidence. (iv) In case the petitioner is involved in any offence of similar nature, his bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE. tgs