IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931 Bail Appl..No. 4312 of 2009() ----------------------------- CRIME NO.411/2009 OF HOSDURG POLICE STATION .................... PETITIONER/ACCUSED -------------------------------------- ASHRAF @ CHOTTA ASHRAF, AGED 38 YEARS, S/O.KUNHABDULLA, JAMEELA MANZIL, ATHINHAL, AJANUOOR GRAMAM, KASARAGOD DIST. BY ADV. SMT.P.K.PRIYA RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, AT ERNAKULAM REP.BY SHO, HOSDURG POLICE STATION, KASARAGOD DIST. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4312 of 2009 --------------------------------------------- Dated this the 5th day of August, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.10 in Crime No.411 of 2009 of Hosdurg Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 332 and 308 read with Section 149 of the Indian Penal Code and Section 3(1) of the PDPP Act. The petitioner was arrested on 24.7.2008. 3. The prosecution case is that there was a clash between CPI(M) workers and IUML workers in which one IUML worker got injured. He was admitted in the hospital. When a police constable went to the hospital for recording the statement of the injured, he was prevented by several IUML workers and he was not allowed to move about. The police party came there. The mob pelted stones against the Circle Inspector of Police and he sustained injuries. It is alleged had he not shielded the pelting of stones, it would have caused his death. Section 308 is included with these allegations. 4. The learned public prosecutor submitted that all the accused were not arrested. 5. As per the order dated 25th June 2009 in B.A.No.3313 of BA No.4312/2009 2 2009 bail was granted to accused Nos.1 to 5. 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 offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Hosdurg, 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, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) 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 csl