IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932 Bail Appl..No. 3395 of 2010(D) ----------------------------------------- (CRIME NO.172/2010 OF BADIADKA POLICE STATION, DIST. KASARAGOD) ............... PETITIONER: ------------------- HASSAINER @ HASSAN, S/O B.MOOSA, PUTHAVA HOUSE, MUMTHAS QUARTERS, PERLA, ENMAKAJE VILLAGE. BY ADV. SRI.S.SREEKUMAR. RESPONDENT: ---------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. V. TEKCHAND. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/06/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K.HEMA, J. ------------------ B.A. No. 3395 of 2010 ------------------------------------ Dated this the 16th day of June, 2010 O R D E R Petition for bail. 2. The alleged offences are under Sections 147, 148, 332, 427 and 308 read with Section 149 of the Indian Penal Code. According to prosecution, a procession was conducted by the workers of CPI(M) and on seeing a car of a Congress worker parked by the sides of the road, stones were pelted at it. The police tried to interfere and workers of CPI(M) as well as the Congress party pelted stones at the police. The Sub Inspector and also a Police Constable were injured and they sustained injuries while they were discharging their official duty. 3. Petitioners is the 6th accused and he is a Congress worker. Petitioner is falsely implicated by police only to pacify CPI(M) leadership. Petitioner is totally innocent of the allegations made and he is a teacher by profession. This is the second application for bail. Petitioner is in custody from 12.05.2010 onwards for the past 35 days. B.A. No. 3395 of 2010 2 4. Learned Public Prosecutor pointed out that in Kasaragod District political clashes are in common and police officials are at the receiving end and this is one of such incident. Learned Public Prosecutor also submitted that petitioner's name is mentioned in the F.I. Statement itself and he is not falsely implicated in the case. However, taking into account the stage of investigation, he has no objection in granting bail, but stringent conditions may be imposed, it is submitted. 5. On hearing both sides, I am satisfied that bail can be granted on conditions. Hence the following order is passed: Petitioner shall be released on bail on his executing a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: i) Petitioner shall report before the Superintendent of Police, Kannur on every Monday and Thursday, between 10 A.M. and 1 P.M., until further orders. ii) Petitioner shall not enter the limits of Kasaragod District, until further orders. B.A. No. 3395 of 2010 3 iii) Petitioner shall not influence or intimidate any witness or tamper with the evidence. iv) In case, petitioner is involved in any similar offence, bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE ln