IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 484 of 2009()
1. C.H.HAMZA, AGED 38 YEARS, (AI)
... Petitioner
2. SAMEER, AGED 20 YEARS,(A5)
3. ABDUL SAMAD, AGED 20 YEARS, (A6)
4. SARAFUDEEN .A., AGED 19 YEARS (A7)
5. AYYOOB.K., AGED 20 YEARS (A8)
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.T.K.VIPINDAS
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :03/02/2009
O R D E R
K. HEMA, J.
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B.A. No. 484 of 2009
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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.