IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 Bail Appl..No. 457 of 2009() ---------------------------------------- (CRIME NO.37 OF 2009 OF HOSDURG POLICE STATION) PETITIONER(S): ACCUSED 2,4,5 AND 6: ------------------------------------------------------------ 1. RASHID N.K., SON OF USSAIN BAVA, MARIYANAVI, KANHANGAD VILLAGE, KASARGOD DISTRICT. 2. NOUSHAD P., SON OF RAMASAN P, B. AHAMMEDKUNHI HOUSE, MURIYANAVI, KANHANGAD, KASARGOD DISTRICT. 3. C.H. SHAMASHEER, SON OF MUHAMMED KUNHI, CHERAKKADATH HOUSE, MARIYANAVI, KANHANGAD, KASARGOD. 4. B.K. RASHEED, SON OF B.K. ABOOBACKER, MURIYANAVI, KANHANGAD, KASARGOD DIST. BY ADV. SRI.M.RAMESH CHANDER RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI 31. BY PUBLIC PROSECUTOR MR. K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 457 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 9th day of February, 2009 O R D E R Petition for bail. 2. The alleged offences are under sections 437, 143, 147, 148, 341, 323, 324 and 307 read with section 149 IPC. According to prosecution, petitioners (A2, A4, A5 and A6) along with others formed themselves into an unlawful assembly and assaulted de facto complainant using chopper and cricket stump and committed various offences. 3. Petitioners surrendered before the court on 19-1-2009. Learned Public Prosecutor submitted that the incident is an off shoot of a political rivalry and hence, stringent conditions may be imposed, while granting bail but he has no objection in granting bail. 4. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. 5. Hence, petitioners shall be released on bail on their executing a bond for Rs.50,000/- each with two solvent sureties 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, BA 457/09 -2- Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. 2) Petitioners shall not enter the limits of the police station within which the crime is registered except for compliance of direction in condition (1). 3) 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.