IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 Bail Appl..No. 526 of 2009 ------------------------------------ (CRIME NO. 58/09 OF NORTH PARUR POLICE STATION) ......... PETITIONERS/ACCUSED 1 TO 3: ---------------------------------------------- 1. AJITH KUMAR, AGED 36,S/O.PARAMESWARAN, PULIKKATHARA HOUSE, KOTTUVALLY VILLAGE. 2. SUDHEER, AGED 30, S/O.SUDHAKARAN, THUPPELIL HOUSE, CHENDAMANGALAM VILLAGE. 3. FAZAL RAHMAN AGED 32, S/O.MOHAMMED ISMAIL, ANCHAMPARUTHY HOUSE, PALATHURUTH, CHENDAMANGALAM. BY ADV. MR.C.P.UDAYABHANU. RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE C.I. OF POLICE, NORTH PAPRAVUR POLICE STATION, (CRIME 58/09)REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/01/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 526 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 30th day of January,2009 O R D E R Petition for bail. 2. The alleged offences are under sections 143, 147, 148, 436, 448, 427, 120(b) read with section 149 IPC and 3(2)(iv) Scheduled castes and Scheduled Tribes (Prevention of Atrocities) Act. According to prosecution, accused 1 to 3 along with other accused formed themselves into an unlawful assembly, trespassed into the house of de facto complainant and committed mischief and also set fire to the furniture. 3. Learned counsel for petitioners submitted that petitioners are accused 1 to 3. They were arrested on 12-1-2009. Learned Public Prosecutor pointed out that on the previous day, a person was murdered and accused trespassed into the house of one of the accused in that case and committed the offences in the present case. However, he has no objection in granting bail but stringent conditions may be imposed, it is submitted. 4. On hearing both sides, I am satisfied that bail can be granted to petitioners on conditions. 5. Hence, petitioners shall be released on bail on their executing a bond for Rs.25,000/- each with two solvent sureties BA 526/09 -2- each for the like amount to the satisfaction of the learned Magistrate, on the following conditions:- 1) Petitioners shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. 2) Petitioners shall not intimidate or influence any witness or commit any offence while on bail and in case breach of this condition, bail is liable to be cancelled. This petition is allowed. K.HEMA, JUDGE. mn.