IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 Bail Appl..No. 700 of 2009() ---------------------------- Cr.NO.73/09 OF TALIPARAMBA POLICE STATION PETITIONERS/ACCUSED NO.6, 12, 13 & 16 --------------------------------------------------------- 1. SHARAFUDHEEN P.K., S/O.MUHAMMED, AGED 24 YEARS, PILAVINTE KEEZHIL HOUSE, HABEEB NAGAR, TALIPARAMBA AMSOM DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 2. ABDUL RAZAK, S/O.HAMZA, AGED 21 YEARS, KAKKOTTU PUTHIYAPURAYIL HOUSE, TALIPARAMBA AMSOM DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 3. S.P.MANSOOR, S/O.ABDULLA, AGED 20 YEARS, SOOPI POKKARAKATH HOUSE, KUPPAM, PARIYARAM AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 4. P.P.FAIZAL, S/O.ALI, AGED 22 YEARS, POOMANGALORAKATH PUTHIYAPURAYIL HOUSE, ALLANKULAM, TALIPARAMBA AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH RESPONDENT(S): COMPLAINANT -------------------------- STATION HOUSE OFFICER, TALIPARAMBA POLICE STATION KANNUR DISTRICT (CRIME NO.73/09 OF TALIPARAMBA POLICE STATION, KANNUR DISTRICT), REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/02/2009 ALONG WITH BA.742/09, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 700 of 2009 & B.A.No.742 of 2009 ----------------------------------------- Dated this the 20th February, 2009 O R D E R These petitions are for bail. 2. The alleged offences are under Sections 143, 147, 148, 427, 324 and 308 read with 149 of the Indian Penal Code. According to prosecution, on 3.12.2008 at about 8.45 P.M., while de facto complainant and others were returning in a lorry after attending a meeting conducted by CPI(M), petitioners and other accused pelted stones on them in prosecution of the common object of an unlawful assembly and they committed the various offences as members of the unlawful assembly. 3. Petitioners in B.A.No.700 of 2009 are accused 6, 12, 13 and 16 respectively and petitioners in B.A.No.742 of 2009 are accused 5 and 9 in the crime. Petitioners were arrested on 5.2.2009. 4. Learned Public Prosecutor submitted that he has no objection in granting bail, but stringent condition may be BA.700 & 742/09 2 imposed, since the crime is an offshoot of a political rivalry and it is likely that the incident may be retaliated. 5. On hearing both sides, I am satisfied that bail can be granted to petitioners. Hence, bail is granted to petitioners on the following terms and conditions: i) Petitioners shall execute a bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. ii) Petitioners shall report before the investigating officer on every Monday, Wednesday and Saturday between 10 AM and 1 PM until further orders. iii). Petitioners shall not enter the limits of the police station within which the crime is registered, except for compliance of condition in clause No.(ii) above. iv) Petitioners 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. Petitions are allowed. K.HEMA, JUDGE vgs.