IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 Bail Appl..No. 484 of 2009(A) ---------------------------------------- (CRIME NO. 50/2009 OF HOSDURG POLICE STATION) .................... PETITIONERS/ ACCUSED: ------------------------------------- 1. C.H.HAMZA, AGED 38 YEARS, (A1) S/O. ABDUL KHADER, CHOLINNAPIL HOUSE KOLAVAYAL, AJANUR VILLAGE, KASARAGOD DISTRICT. 2. SAMEER, AGED 20 YEARS,(A5) S/O.IBRAHIM, THEKKEPURAM HOUSE, KOLAVAYAL, AJANUR VILLAGE, KASARAGOD DISTRICT. 3. ABDUL SAMAD, AGED 20 YEARS, (A6) S/O. ABDUL RAHIMAN, C.P.MANZIL, KOLAVAYAL,AJANUR VILLAGE, KASARAGOD DISTRICT. 4. SARAFUDEEN.A., AGED 19 YEARS (A7) S/O.ABUNACKER, RAHAMATH MANZIL, KOLAVAYAL,AJANUR VILLAGE, KASARAGOD DISTRICT. 5. AYYOOB.K, AGED 20 YEARS (A8) S/O. AZEEZ, AYISNA MANZIL, KOLAVAYAL ,AJANUR VILLAGE, KASARAGOD DISTRICT. BY ADV. MR.T.K.VIPINDAS. RESPONDENT: --------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING S.H.O., HOSDURG POLICE STATION. BY PUBLIC PROSECUTOR MR. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/02/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 484 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 3rd day of February, 2009 O R D E R Petition for bail. 2. The alleged offences are under sections 143, 147, 148, 341, 323, 324, 308 & 506(II) read with section 149 IPC. According to prosecution, petitioners (A1, A5, A6, A7 and A8) along with other accused formed themselves into an unlawful assembly armed with deadly weapons and assaulted de facto complainant and committed various offences. 3. Learned counsel for petitioners submitted that petitioners are in custody from 19-1-2009 onwards. The incident occurred on 18-1-2009. Learned Public Prosecutor submitted that this is an offshoot of political rivalry and hence, stringent conditions may be imposed but he has no objection in granting bail. 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 each for the like amount to the satisfaction of the learned Magistrate, on the following conditions:- 1) Petitioners shall report before the BA 484/09 -2- Investigating Officer on every Monday, 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.