IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 8147 of 2007()
1. SHABEER @ SHABI,S/O.MOOSSA,
... Petitioner
Vs
1. STATE OF KERALA THROUGH THE SUB
... Respondent
2. THE CIRCLE INSPECTOR OF POLICE
For Petitioner :SRI.SUNNY MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :08/01/2008
O R D E R
R. BASANT, J.
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B.A.Nos. 8147, 8149 &
8150 of 2007
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Dated this the 8th day of January, 2008
O R D E R
These applications are for regular bail. The petitioners are
accused 1, 2, 4 to 6, 9, 11 and 12 in a crime registered for
offences punishable, inter alia, under Sections 307 and 326 r/w.
149 I.P.C. The alleged incident took place on 27.11.2007. In
prosecution of the common object of an unlawful assembly, of
which the petitioners were members – 19 persons in all – they,
with dangerous weapons like swords, iron bars and wooden
sticks, allegedly attacked the defacto complainant and three
others. Serious injuries were inflicted on the victims, including
fractures. Investigation is in progress. Some of the co-accused
remained to be apprehended. Some of them have already been
enlarged on bail. The petitioners have been arrested on various
dates between 29.11.07 and 12.12.2007.
B.A.Nos. 8147, 8149 & 8150 of 2007
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2. The learned counsel for the petitioners prays, the learned
Prosecutor does not oppose the said prayer on condition that
appropriate safeguards may be insisted and I am satisfied that the
petitioners can be enlarged on bail now subject of course to appropriate
conditions.
3. In the result:
1) These applications are allowed.
2) The petitioners shall be released on bail on the following
terms and conditions.
(a) The petitioners shall execute bonds for Rs.1,00,000/-
(Rupees one lakh only) each with two solvent sureties each for the like
sum to be satisfaction of the learned Magistrate.
(b) They shall make themselves available for interrogation
before the Investigating Officer on all Mondays between 10 a.m. and
1 p.m. for a period of three months and thereafter as and when directed
by the Investigating Officer in writing to do so.
B.A.Nos. 8147, 8149 & 8150 of 2007
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(c) The petitioners shall not, except for the purpose of
complying with condition (b) above, enter the jurisdiction of Alwaye
police station until further orders without the prior permission of the
learned Magistrate.
(R. BASANT)
Judge
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