Poyilan Sadiqe vs The Station House Officer on 16 October, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 6377 of 2008()


1. POYILAN SADIQE, S/O. ABDUL KADER,
                      ...  Petitioner

                        Vs



1. THE STATION HOUSE OFFICER,
                       ...       Respondent

                For Petitioner  :SRI.C.P.PEETHAMBARAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :16/10/2008

 O R D E R
                                K. HEMA, J.
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                         B.A. No. 6377 of 2008
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            Dated this the 16th day of October,2008

                                  O R D E R

Petition for bail.

2. The alleged offences are under sections 143, 147, 148,

452, 427, 308, 506(ii) read with section 149 IPC. According to

prosecution, petitioner along with 14 others formed themselves

into an unlawful assembly and attacked the house of defacto-

complainant and also defacto-complainant by throwing bomb,

etc. The incident occurred on 25-8-2008.

3. Petitioner is the 5th accused and he was arrested on the

same day on 25-8-2008 and he is in custody since then. Learned

Public Prosecutor submitted that the case is an off-shoot of

political rivalry between N.D.F. and C.P.I.(M) workers. De facto

complainant is a C.P.I.(M) worker. Tension is prevalent in the

locality and hence stringent condition may be imposed, though

he has no objection in granting bail.

4. Hence, petitioner shall be released on bail on his

executing a bond for Rs.25,000/- with two solvent sureties each

for the like amount to the satisfaction of the learned Magistrate,

on the following conditions:-

1) Petitioner shall report before the

Superintendent of Police, Kannur on every

BA 6377/08 -2-

alternate day between 10 a.m. and 1 p.m.

until further orders.

2) Petitioner shall not enter the limits of the

police station within which the crime is

registered except with the prior permission

of the learned Magistrate.

3) Petitioner shall not intimidate or

influence any witness or tamper with

evidence 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.