IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 Bail Appl..No. 3391 of 2010() ---------------------------------- CMP.2267/2010 of J.M.F.C.-II, KOTTARAKKARA CRIME NO. 749/2010 0F KADAKKAL POLICE STATION, KOLLAM DISTRICT .................... PETITIONER/5TH ACCUSED : --------------------------------- MUHAMMED RABI, S/O.ABDUL SALAM, RABI MAZHIL, MUNAYIL MURI, AYIRAKKUZHI, MANKODE VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT/COMPLAINANT & STATE : ----------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KADAKKAL POLICE STATION, KOLLAM THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No. 3391 of 2010 ------------------------------------ Dated this the 7th day of June, 2010 O R D E R Petition for bail. 2. The alleged offences are under Sections 143, 147, 148, 341, 323, 324 and 308 read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act. According to prosecution, petitioner(A5) along with 11 others allegedly formed into an unlawful assembly and armed with weapons like sword stick and stick, assaulted de facto complainant and committed various offences. The incident happened on 18.05.2010 and petitioners were arrested on 21.05.2010. 3. Petitioner is in custody for the past 17 days. Bail was granted to 10th accused, who stand in the same position as the petitioner, who is alleged to have beaten with hands and stick. (Vide order dated 04.06.2010 in B.A. No. 3294/2010). 4. This petition is not opposed. Learned Public Prosecutor submitted that he has no objection in granting bail but conditions may be imposed. B.A. No. 3391 of 2010 2 5. On hearing both sides, I am satisfied that bail can be granted on conditions. Hence the following order is passed: Petitioner shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only)with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned, on the following conditions: i) Petitioner shall report before the Investigating Officer on every Monday and Thursday between 10 A.M. and 1 P.M., until further orders. ii) Petitioner shall not influence or intimidate any witness or tamper with evidence. iii) In case petitioner is involved in any offence of similar nature, bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE ln