IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 Bail Appl..No. 751 of 2009() ---------------------------- CRIME NO.623/92 OF KASARAGOD POLICE STATION PETITIONER/ACCUSED -------------------------------------- P.T.ASHARAFF @ THENDI ASHARAF, S/O.HANEEFA PALLAM, UDUMA VILLAGE, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,REP BY THE INSPECTOR OF POLICE KASARAGOD POLICE STATION,REP BY THE P.PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 751 OF 2009 ----------------------------------------- Dated this the 18th February, 2009 O R D E R This petition is for bail. 2. The alleged offences are under Sections 143, 147, 148, 341, 307 and 153A read with 149 of the Indian Penal Code. According to prosecution, petitioner (third accused), along with other accused, formed into an unlawful assembly and committed the various offences. 3. Learned counsel for petitioner submitted that petitioner was not aware that he was an accused in the crime. He was working abroad all these years and he was arrested on 17.12.2008 and then only he came to know that he is an accused. All other accused are on bail. Petitioner is prepared to abide by any condition and he may be granted bail, it is submitted. 4. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. Hence, bail is granted to petitioner on the following terms and conditions: BA.751/09 2 i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. ii) Petitioner shall report before the investigating officer on every Monday, Wednesday and Saturday between 10 AM and 1 PM until further orders. iii). Petitioner shall not leave the limits of the police station within which the crime is registered, except with prior permission of the learned Magistrate. iv) Petitioner shall not tamper with evidence or influence the witnesses or intimidate them or commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.