IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 Bail Appl..No. 7795 of 2008(F) ----------------------------------------- (CRIME NO. 77/2008 OF EDACHERY POLICE STATION) ........... PETITIONER/ 5TH ACCUSED: ------------------------------------------ RIYAS @ KALAPAM KHALEEL, AGED 20, S/O.MUHAMMED, VALIYAPARAMBATH HOUSE, AZHIYOOR.P.O. BY ADV. SRI.K.I.SAGEER IBRAHIM. RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA,REP.BY SUB INSPECTOR OF POLICE, EDACHERY POLICE STATION (CRIME 77/08), EDACHERRY, VATAKARA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR K.S. SIVAKUMAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/01/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K.HEMA, J. ------------------------------ B.A. No.7795 OF 2008 ------------------------------ Dated this the 9th day of January, 2009 O R D E R This petition is for bail. 2. According to prosecution, petitioner (fifth accused) along with other accused formed into an unlawful assembly and armed with deadly weapons, committed mischief after trespassing into the property of the defacto complainant, with a view to promote communal hatred. 3. Petitioner was arrested on 12.11.2008 and he is in custody since then. Learned Public Prosecutor submitted that he has no objection in granting bail to petitioner, but conditions may be imposed. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. Hence, the following order is passed : Petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for like sum to the satisfaction of the Magistrate court concerned on the following B.A.No.7795 of 2008 2 conditions : (i) Petitioner shall report before the A.S.P., Vadakara on every alternate day 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 registered except for compliance of direction in clause no.(i). (iii) Petitioner shall not influence or intimidate any witness or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE pac