IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 6TH MAY 2008 / 16TH VAISAKHA 1930 Bail Appl..No. 2364 of 2008 ------------------------------------- (Crime No.272/2008 of the Thamarassery Police Station) (CRMC.312/2008 Court of Session, Kozhikode Division) ............. PETITIONERS/ACCUSED NOS.1,3 AND 5 TO 10 : ------------------------------------------------------------------- 1. CHIERIYA @ K.P.MOHAMMED, S/O.VAPPANKUTTY, AGED 53 YEARS, KAVUMPURAM HOUSE, EENGAPUZHA AMSOM, MALAPPURAM DESOM, KOZHIKODE TALUK. 2. IQBAL @ MOHAMMED IQBAL, S/O.P.C.AHAMMEDKUTTY HAJI, AGED 34 YEARS, MUBARACK MANZIL, KEDAVOOR AMSOM,PALLIPPURAM DESOM, KOZHIKODE TALUK. 3. SHAMEER, S/O.SALAM, CHAKKITTUMMAL HOUSE, EENGAPUZHA AMSOM, MALAPPURAM DESOM, KOZHIKODE TALUK. 4. ABOOBACKER, S/O.AHMED KUTTY, AGED 50 YEARS, KAVUMPURAM HOUSE, EENGAPUZHA AMSOM,MALAPPURAM DESOM, KOZHIKODE TALUK. 5. HYDROSE, S/O.KUNHIMOIDEEN, AGED 60 YEARS, PARAMMAL HOUSE, EENGAPUZHA AMSOM, MALAPPURAM DESOM, KOZHIKODE TALUK. 6. PRABHAKARAN, S/O.UNNIPERU, AGED 50 YEARS MONIYODUMANDA HOUSE, EENGAPUZHA AMSOM, MALAPPURAM DESOM, KOZHIKODE TALUK. 7. ABDULLA, S/O.ABDURAHIMAN, AGED 52 YEARS, MONIYODUMANDA HOUSE, EENGAPUZHA AMSOM, MALAPPURAM DESOM,KOZHIKODE TALUK. B.A.NO.2364/2008 -2- 8. JIMSHAD, S/O.RASHEED, AGED 18 YEARS, PALLITHAZHATH HOUSE, EENGAPUZHA AMSOM,MALAPPURAM DESOM, KOZHIKODE TALUK. BY ADV. SRI.SUNNY MATHEW RESPONDENT:COMPLAINANT: ------------------------------------------- STATE OF KERALA TRHOUGH THE SUB INSPECTOR OF POLICE, THAMARASSERY POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P.BALACHANDRAN, J. ---------------------------------------- B.A.No.2364 of 2008-C ------------------------------------------------------- Dated, this the 6th day of May, 2008 ORDER This is an application for anticipatory bail filed under Section 438 Cr.P.C. 2. Petitioners are accused Nos.1, 3 and 5 to 10 in Crime No.272/2008 of Thamarassery Police Station registered for offences under Sections 143, 147, 447, 427, 379 IPC read with Section 149 thereof as also under Section 3 (1) of the PDPP Act. The allegation is that the petitioners along with other accused formed themselves into an unlawful assembly, armed with weapons on 22-3-2008; committed rioting and in prosecution of the common object of the unlawful assembly trespassed into the land belonging to the agricultural department of the Kerala Government near Kottarakunnu Road and widened the existing pathway and in that process caused loss to the Government by felling certain trees that stood in the land which was put to use for widening the road. 3. I heard the submissions of the counsel for the petitioners and Public Prosecutor. 4. Considering the nature of offence and the circumstances in which it has been committed, I am of the view that B.A.No. -2- anticipatory bail can be granted to the petitioners imposing necessary conditions. 5. In the result, I direct the petitioners to surrender before the Magistrate concerned positively on or before 13-5-2008 and shall deposit by way of cash security an amount of Rs.2,000/- each and shall thereafter execute bail bond for Rs.15,000/- each with two solvent sureties each for the like sums to the satisfaction of the Magistrate. On the above conditions being satisfied the petitioners can be enlarged on bail on the following conditions: That they shall appear before the Investigating Officer between 10 A.M and 11 A.M on all Tuesdays and Fridays for a period of one month and thereafter as and when called for; that they shall co-operate with the investigation of the case and shall not try to influence or intimidate the witnesses in the case and shall not get themselves involved in commission of any offence, while on such bail. (K.P.BALACHANDRAN) JUDGE. MS