IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3720 of 2010()
1. KUTTIL OTHAYOATH SHABEER,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.M.ASOKAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :21/06/2010
O R D E R
K.HEMA, J.
----------------------------------------------
Bail Application No.3720 of 2010
----------------------------------------------
Dated 21st June, 2010.
O R D E R
This petition is for bail.
2. The alleged offences are under Sections 143, 145,
147, 148, 341 and 353 read with Section 149 of the Indian Penal
Code and Section 3(1) of the Prevention of Damage to Public
Property Act. According to prosecution, on 12.10.2009, at about
6.25 p.m., an unlawful assembly was formed and in prosecution of
the common object of the assembly, pelted stones and sticks
towards police party, who were on law and order duty and caused
damage to a police Jeep, causing a loss of Rs.5,000/-.
3. Learned counsel for petitioner submitted that
petitioner was arrested in connection with crime no.410/09, in
which he was first accused. Petitioner is thereafter, implicated in
the present case as the 70th accused. He is absolutely innocent of
the allegations made.
4. Learned Public Prosecutor submitted that petitioner
is involved in two other crimes of similar nature and hence this
petition is opposed. Petitioner is 70th accused and he was
BA NO.3720/10 2
arrested in connection with another case, on 7.5.2010 and his
formal arrest was recorded in this case on 25.5.2010, when he
was caused to be produced before the court as per a production
warrant. The offence alleged against him is of serious nature.
5. On hearing both sides and considering the
circumstances under which petitioner was implicated, I find that
bail can be granted to petitioner on conditions. Hence, the
following order is passed :
Petitioner shall be released on bail on his executing a
bond for Rs.25,000/- (Rupees twenty five thousand
only) with two solvent sureties each for the like sum to
the satisfaction of the 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 enter the limits of the
police station, within which crime is
BA NO.3720/10 3
registered, except for compliance of
condition no.1
(iii) Petitioner shall not influence or intimidate
any witness or tamper with evidence.
(iv) In case the petitioner is involved in any
offence of similar nature, his bail is liable to
be cancelled.
Petition is allowed.
K.HEMA, JUDGE.
tgs