High Court Kerala High Court

Ismail vs State Of Kerala Rep.By The Sub on 20 March, 2007

Kerala High Court
Ismail vs State Of Kerala Rep.By The Sub on 20 March, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 1686 of 2007()


1. ISMAIL,S/O.MOOSA,KARAKUNNUMMEL HOUSE,
                      ...  Petitioner
2. RASAK,S/O.ALI,KARAKUNNUMMEL HOUSE,
3. MUHAMMED SHAFI,S/O.KOYA,AREEKDATHPURAYIL
4. ABBAN,S/O.MOIDEEN,PALAKKAL MEETHAL VEEDU
5. SHAMMER A.O,S/O.KUNHIKOYA,
6. SIDDIQUE K.K,S/O.AHAMMED KUTTY,
7. MUSTHAFA K.K,S/O.AHAMMED KUTTY,
8. SIDDIQUE K.K,S/O.MAMMU,ANIKATTUMMEL
9. ABDUL KABEER,S/O.MAMUKOYA,AREEKADATH
10. FAISAL K.K,S/O.AHAMMED,KARAKKUNNUMMEL,
11. SHAMEEL K.,S/O.UMMER,KARAKUNNUUMMEL

                        Vs



1. STATE OF KERALA REP.BY THE SUB
                       ...       Respondent

                For Petitioner  :SRI.P.SANJAY

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :20/03/2007

 O R D E R
                            V.RAMKUMAR, J.

                             ----------------------------

                     Bail Application No. 1686/2007

                            -----------------------------

                  Dated this  20th day of March, 2007


                                  O R D E R

The petitioners, who are accused Nos. 1 to 11 in

Crime No.58/2007 of Kunnamangalam Police Station for

offences punishable under Sections 143, 147, 148, 341, 324,

308, 332 and 225(b) IPC read with Section 149 IPC and also

under Section 3(2)(e) of the PDPP Act, seek their enlargement

on bail. The occurrence took place on 6.3.2007. Accused Nos. 1

and 2 were arrested on 6.3.2007 and rest of the accused were

arrested on 9.3.2007.

2. The learned Public Prosecutor opposed the

application.

3. The case of the prosecution is that Sub Inspector of

Police, Kunnamangalam along with his police party were

patrolling within the limits of the Police Station in connection

with the harthal sponsored by UDF and when the police party

reached at a place called 10th mile, about 25 persons including

the petitioners herein formed themselves into an unlawful

assembly and committed rioting armed with dangerous weapons

and deterred the police party from discharging their official

B.A.1686/2007

2

duty. They also pelted stones at the Sub Inspector and his

companions and damage caused to the police jeep was of

Rs.2,000/-.

4. Having regard to the nature of the offences, the

duration of judicial custody of the petitioners and the other

circumstances of the case etc., I am inclined to grant bail to the

petitioners, but from a future date. Accordingly, the petitioners

are directed to be released on bail with effect from 28.3.2007,

on each of them executing a bond for Rs. 10,000/- (Rupees ten

thousand only) with two solvent sureties each for the like

amount to the satisfaction of the J.F.C.M, Kunnamangalam and

subject to the following conditions:

(a). The petitioners shall report before the

Investigating Officer between 9 a.m. and 11

a.m. on all Wednesdays.

(b). The petitioners shall make themselves

available for interrogation as and when

required by the police till the filing of the

final report.

(c). The petitioners shall not influence or

intimidate the prosecution witnesses nor

B.A.1686/2007

3

shall they attempt to tamper with the

evidence for the prosecution.

(d). The petitioners shall not commit any

offence while on bail.

5. If the petitioners commit breach of any of the above

conditions, the bail granted to them shall be liable to be

cancelled.

The application is allowed as above.

V.RAMKUMAR,

JUDGE

mrcs