IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 Bail Appl..No. 7562 of 2008() ----------------------------- CRMP.2542/2008 OF SESSIONS COURT, KOZHIKODE (CRIME NO.164/2008 OF CHITTARIKKAL POLICE STATION) PETITIONERS/ACCUSED: ---------------------------- 1. JOSE KUTHIYATHOTTATHIL, S/O.JOSEPH, CHITTARIKKAL, KASARAGOD DISTRICT. 2. JEESON GEORGE, S/O.GEORGE, THURUTHIPALLI HOUSE, CHITTARIKKAL, KASARAGOD. 3. SUNNY KOTTARATHIL, S/O.JOSEPH, CHITTARIKKAL, KASARAGOD DISTRICT. 4. SONI.K.THOMAS, S/O.K.T.THOMAS, CHITTARIKKAL, KASARAGOD DISTRICT. 5. SHIJO VAZHUTHANAPALLI, S/O.JOSEPH, PALAVAYAL, KASARAGOD DISTRICT. 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 SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl.No. 7562 of 2008 --------------------------------------------------- Dated this the 11th day of December, 2008. ORDER Petition for bail. 2. The alleged offences are under Sections 143, 147, 148, 323, 324, 427 and 307 read with Section 149 of IPC. According to prosecution, on 12.10.2008, petitioners (accused nos. 1 to 5) along with another formed into an unlawful assembly and armed with deadly weapons committed rioting and assaulted de facto complainant and attempted to commit murder. Mischief was also committed. 3. Petitioners surrendered before the Magistrate Court on 20.11.2008 and they were remanded to custody. Learned counsel for petitioners submitted that originally a crime was registered under Section 397 of IpC and it was later altered to other Sections including 307 of IpC. The incident occurred because of some political rivalry, it is submitted. 4. Learned Public Prosecutor submitted that in case petitioners enter the limits of the police station within which crime is registered, it is likely that that there will be more clashes, since political issues are the reasons for the incident. [B.A.No.7562/08] 2 Hence, stringent conditions may be imposed while granting bail, it is submitted. On hearing both sides, I am satisfied that bail can be granted to petitioners on conditions. Hence, the following order is passed: Petitioners shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate court concerned on the following conditions: i) Petitioners shall report before Superintendent of Police, Kasaragod 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 learned Magistrate. iii) Petitioners shall not influence or intimidate any witness or tamper with evidence or commit any offence while on bail and in case of breach of this condition bail is liable to be cancelled. Petition is allowed. K. HEMA, JUDGE. Krs.