IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3611 of 2008()
1. MOHAMMED THESHARIF @ HESHARAF,
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
For Petitioner :SRI.T.B.SHAJIMON
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :10/06/2008
O R D E R
K. HEMA, J.
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Bail Appl.No.3611 of 2008
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Dated this the 10th day of June, 2008.
ORDER
Petition for bail.
2. Petitioner is the 3rd accused in a crime registered under
Sections 143, 147, 148, 341, 324, 308, 153(A) and 149 of IPC ,on the
allegation that the petitioner and others formed into an unlawful
assembly with deadly weapons and assaulted the de facto complainant
and his friends with wooden stick etc. Petitioner is in custody from
22.5.2008.
3. Learned counsel for the petitioner pointed out that
accused No.7 was granted bail. The allegation made against
petitioner and A7 are more or less similar. They have not used any
weapons against the de facto complainant, it is submitted. In such
circumstances, bail cannot normally be refused to the petitioner.
4. However, learned Public Prosecutor opposed this bail
application and stated that there will be communal clash if bail is
granted.
[B.A.3611/08] 2
5. On hearing both sides, I find that bail can be granted to
the petitioner on condition. Hence, the following order is passed:
(i) The petitioner shall released on bail on his executing
a bond for Rs.25,000/- with two solvent sureties each for the like
sum to the satisfaction of the lower court.
(ii) The petitioner shall report before the investigating officer
on every Saturday and Sunday between 10 A.M. and 1 P.M. until
further orders.
(iii) The petitioner shall not enter the limits of the police
station within which the incident occurred except for complying
with the direction under clause (ii) of this order.
(iv) Petitioner shall not threaten or intimidate any witnesses
and in case there is breach of this this condition, bail is liable to be
cancelled.
Petition is allowed.
K. HEMA, JUDGE.
Krs.