High Court Kerala High Court

Rivaj.P.V vs State Of Kerala on 9 April, 2010

Kerala High Court
Rivaj.P.V vs State Of Kerala on 9 April, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 2109 of 2010()


1. RIVAJ.P.V, S/O. T.P. KHALID,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.P.U.SHAILAJAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :09/04/2010

 O R D E R
                          K.T.SANKARAN, J.
             ------------------------------------------------------
                        B.A. NO.2109 OF 2010
             ------------------------------------------------------
               Dated this the 9th day of April, 2010


                                O R D E R

This is an application for bail under Section 439 of the Code of

Criminal Procedure. The petitioner is accused No.17 in Crime

No.706 of 2009 of Taliparamba Police Station, Kannur District.

2. The offences alleged against the accused are under

Sections 143, 147, 148, 307, 332, 395 and 427 read with Section

149 of the Indian Penal Code and Section 3(2)(c) of the PDPP Act.

3. The gist of the prosecution case is the following: A tense

situation was prevailing in Chenayannur at Taliparamba on account

of the clashes between the workers of Communist Party of India

(Marxist) and the Indian Union Muslim League. The police party

were taking a vigil over the area. On 15.11.2009 at 4.30 PM, 45

persons belonging to Muslim League came on fifteen motor bikes.

The police party intercepted those vehicles. At that time, the

aforesaid 45 persons attacked the police party with deadly weapons,

B.A. NO. 2109 OF 2010

:: 2 ::

resulting in the police officers sustaining injuries. It is also alleged

that those persons destroyed a police jeep.

4. The petitioner surrendered before Court on 27.3.2010 and

he was remanded to judicial custody.

5. As per the order dated 15.12.2009 in B.A.Nos.7211 and

7196 of 2009, bail was granted to accused Nos.1 to 8 and 9 to 11 in

the crime.

6. Taking into account the facts and circumstances of the

case, the duration of the judicial custody undergone by the petitioner,

the nature of the offence and the present stage of investigation, I am

of the view that bail can be granted to the petitioner on stringent

conditions.

7. The petitioner shall be released on bail on his executing

bond for Rs.25,000/- with two solvent sureties for the like amount to

the satisfaction of the Judicial Magistrate of the First Class,

Taliparamba, subject to the following conditions:

B.A. NO. 2109 OF 2010

:: 3 ::

a) The petitioner shall report before the investigating officer
between 9 A.M. and 11 A.M. on all Mondays and
Thursdays for a period of two months and thereafter, on
all Mondays, till the final report is filed or until further
orders;

b) The petitioner shall appear before the investigating
officer for interrogation as and when required;

c) The petitioner shall not try to influence the prosecution
witnesses or tamper with the evidence;

d) The petitioner shall not commit any offence or indulge in
any prejudicial activity while on bail;

e) In case of breach of any of the conditions mentioned
above, the bail shall be liable to be cancelled.

The Bail Application is allowed as above.

(K.T.SANKARAN)
Judge

ahz/