IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930 Bail Appl..No. 7461 of 2008() ------------------------------------ CMP.6999/2008 of J.M.F.C.-I,TRIVANDRUM CRIME NO.319/08 OF KARAMANA POLICE STATION .................... PETITIONERS/A2 TO A6, A8 & A9 : ------------------------------------------ 1. MURUKAN, AGED 27, S/O.VEERABHADRAN (A2) PUTHUKKUDIVAZHI, ARIYANAYAKAPURAM PILLYAR STREET, THUTHUKKUDI TALUK, TAMIL NADU STATE, NOW R/AT VATTAVILA VEEDU, T.C. 22/118, ATTUKAL PUTHENKOTTA MANACAUD VILLAGE. 2. BABURAJ @ KOCHU BABU, AGED 32, (A3) S/O.GANGADHARAN, VILAYILVILAKATHU VEEDU, T.C. 49/1043, PUTHENKOTTA, KURIYANI WARD, MANACAUD VILLAGE. 3. PRASAD, AGED 21 YEARS, S/O.MANIYAN (A4) T.C.41/520, CHITTEDATHU LANE, PUTHENKOTTA, KURIYANI WARD, MANACAUD VILLAGE. 4. PRADEEP, AGED 22 YEARS, S/O.MANIYAN(A5) T.C. 41/520, CHITTEDATHU LANE, PUTHENKOTTA, KURIYANI WARD, MANACAUD VILLAGE. 5. RAJESH, @ MOONUMUDI RAJESH, AGED 21 YEARS (A6) S/O.RAMACHANDRAN, T.C.22/1, VATTAVILA, PUTHENKOTTA, ATTUKAL WARD, MANACAUD VILLAGE. 6. MUKESH, AGED 21 YEARS, S/O.RAJAN (A8) T.C. 22/86, PUTHENKOTTA, ATTUKAL WARD, MANACAUD VILLAGE. Bail Appl..No. 7461 of 2008 7. ARUNKUMAR @ MUDIYAN, AGED 21 YEARS (A9) S/O.NAGARAJAN, NEAR CHALA ICE FACTORY, CHALA WARD, MANCAUD VILLAGE. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR SRI.SHAJIN S.HAMEED RESPONDENT : ----------------- THE SUB INSPECTOR OF POLICE, KARAMANA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.7461 OF 2008 ------------------------------ Dated this the 12th day of December, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 143, 147, 148, 149, 324, 120(B), 307 of I.P.C. and 27 of Arms Act. According to prosecution, petitioners (accused nos.2 to 6, 8 and 9) along with 4 others formed into an unlawful assembly with deadly weapons like iron rod, chopper etc. assaulted defacto complainant in prosecution of common objection of the assembly and committed rioting and caused serious injuries to him and attempted to commit murder. 3. Learned counsel for petitioners submitted that accused nos. 2 and 3 were arrested on 11.10.2008 and accused nos.4, 5, 6, 8 and 9 were arrested on 12.10.2008. 4. This petition is not opposed. Learned Public Prosecutor submitted that first accused is involved in various other crimes and petitioners belong to a gunda group. Therefore, stringent conditions may be imposed while granting bail, it is submitted. B.A.7461 of 2008 2 On hearing both sides, I am satisfied that bail can be granted on conditions. Hence, the following order is passed : Petitioners shall be released on bail on executing bond for Rs.50,000/- each with two solvent sureties each for like sum to the satisfaction of the Magistrate court concerned on the following conditions : (i) Petitioners shall report before Investigating Officer on every alternate day between 10 a.m. and 1 p.m. until further orders. (ii) Petitioners shall not leave the limits of the police station within which crime is registered except with the prior permission of the learned Magistrate. (iii) Petitioners 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