High Court Kerala High Court

Pallath Nazar vs State Of Kerala on 25 February, 2008

Kerala High Court
Pallath Nazar vs State Of Kerala on 25 February, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 1115 of 2008()


1. PALLATH NAZAR,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.AUGUSTINE JOSEPH

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :25/02/2008

 O R D E R
                         R. BASANT, J.

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                  B.A. No. 1115 OF 2008 D
          ````````````````````````````````````````````````````
          Dated this the 25th day of February, 2008

                            O R D E R

Application for regular bail. Petitioner is the 4th

accused. Altogether there are 13 accused persons. The

alleged incident took place on 28.9.07. Political animosity is

the alleged motive. The petitioner belongs to IUML. On

account of political animosity, an unlawful assembly, in which

the petitioner was a member, had allegedly attacked the

injured persons. They belong to CPI(M). Four persons have

suffered injuries. Investigation is in progress. The petitioner

had come to this Court earlier seeking anticipatory bail and by

order dated 14.11.07 in BA.6925/07 the said petition was

dismissed. The petitioner later surrendered before the

learned Magistrate on 27.1.08. He continues in custody from

that date.

2. The learned counsel for the petitioner prays the

BA.1115/08
: 2 :

learned Public Prosecutor does not oppose the said prayer

and I am satisfied that the petitioner can now be enlarged on

bail subject to appropriate terms and conditions. I have

adverted to the facts in detail in the earlier order dated

14.11.07. This order must be read in continuation of the said

order and I am not, hence, adverting to the facts in any

greater detail in this order.

3. In the result, this petition is allowed. The petitioner

shall be released on bail on the following terms and

conditions:

i) The petitioner shall execute a bond for Rs.50,000/-

(Rupees fifty thousand only) with two solvent sureties each for

the like sum to the satisfaction of the learned Magistrate.

ii) The petitioner shall make himself available for

interrogation before the investigating officer between 10 a.m

and 12 noon on all Mondays and Fridays, for a period of two

months from the date of his release and thereafter as and

when directed by the investigating officer in writing to do so.

BA.1115/08
: 3 :

iii) During the said period of two months, the petitioner

shall not enter the jurisdiction of Tirur police station without

the prior permission of the learned Magistrate, except for the

purpose of complying with condition No.(ii) above.

(R.BASANT, JUDGE)
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