IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 Bail Appl..No. 7810 of 2008(A) ----------------------------- CMP.5500/2008 of J.M.F.C.-I,HOSDRUG CRIME NO.721/2008 OF HOSDURG POLICE STATION .................... PETITIONERS/ACCUSED : -------------------------------- 1. HARSHAD, AGED 20 YEARS,(A3) S/O.ABDULLAH, AFSAL MANZIL, NHANIKADAVU, OZHINHAVALAPPU, HOSDURG. 2. SHARAFUDEEN, AGED 20 YEARS,(A4) S/O.SHADURI, SHAFEEQUE MANZIL, NHANIKADAVU, OZHINHAVALAPPU, HOSDURG. 3. FAISAL.P, AGED 19 YEARS,(A5), S/O.BASHEER, FAISAL MANZIL, NHANIKADAVU, OZHINHAVALAPPU, HOSDURG. 4. ROUF.E, AGED 19 YEARS,(A6), S/O.MOHAMMED, RAFEEQUE MANZIL, NHANIKADAVU, OZHINHAVALAPPU, HOSDURG. 5. MOHAMMED THAHA, AGED 19 YEARS,(A7) S/O.KAREEM,RAFEEQUE MANZIL, NHANIKADAVU, OZHINHAVALAPPU, HOSDURG. BY ADV. SRI.T.K.VIPINDAS RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM REPRESENTING, S.H.O.HOSDURG. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.7810 OF 2008 ------------------------------ Dated this the 8th day of January, 2009 O R D E R This petition is for bail. 2. The alleged offences are under Sections 143, 147, 148, 326, 308 read with Section of I.P.C. According to prosecution, petitioners (accused nos.3 to 7) along with other accused formed into an unlawful assembly and armed with iron rod and stick, voluntarily caused grievous hurt to the defacto complainant and others and also attempted culpable homicide. 3. Learned counsel for petitioners submitted that the incident occurred on 23.11.2008. Petitioners were arrested on 09.12.2008 and they are in custody since then. 4. Learned Public Prosecutor submitted that there was a political clash. The petitioners were workers of Muslim League and they assaulted the workers of DYFI. He has no objection in granting bail, but stringent conditions may be imposed, it is submitted. It is also submitted that the petitioner may not allowed to enter the limits of the police station within crime is registered in order to avoid further clash. On hearing both sides, I am satisfied that bail can be B.A.No.7810 of 2008 2 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 like sum to the satisfaction of the Magistrate court concerned on the following conditions : (i) Petitioners shall report before Superintendent of Police, Kasargode on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. (ii) Petitioners shall not enter 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