IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 5512 of 2007()
1. ANEESH, AGED 20 YEARS,
... Petitioner
2. SHAFEEQUE @ PULISHEFEEQUE,
3. ANEESH @ KALA ANEESH,
4. RAFEEQUE @ SHUKOOR, AGED 23 YEARS,
5. SHABU, AGED 24 YEARS,
6. SHIHAB, AGED 18 YEARS,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.R.REJI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :17/09/2007
O R D E R
R.BASANT, J.
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B.A.No.5512 of 2007
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Dated this the 17th day of September 2007
O R D E R
Application for regular bail. The petitioners are accused 1 to 6.
Altogether there are ten accused persons. They face allegations inter
alia under Sections 308 and 153A read with 149 I.P.C. The
petitioners were arrested on two different dates i.e. on 30/8/2007 and
31/8/2007. They continue in custody from the said dates.
2. The crux of the allegations is that the petitioners used to
cause disturbance to the proper running of a temple in the locality.
The petitioners do not belong to the Hindu community. Objections
were raised and infuriated by such conduct on the part of the
devotees of raising objections, the accused persons, who were
members of an unlawful assembly, in prosecution of the common
object of the unlawful assembly unleashed an attack on the temple
and the persons who raised objections against the conduct of the
accused. The alleged incident took place on 28/8/2007. In the
incident, as many as nine persons had suffered injuries. Damage was
suffered by the temple also. The petitioners were arrested on
30/08/2007 and 31/8/2007. They continue in custody from that date.
3. The learned counsel for the petitioners prays, the learned
Public Prosecutor does not oppose the said prayer on condition that
B.A.No.5512/07 2
the investigating officer is granted reasonable further time to
complete the investigation and appropriate safeguards may be
insisted to ensure that the law and order situation in the locality is not
jeopardised and I am satisfied that the petitioners can now be
directed to be released on bail subject to appropriate conditions.
4. In the result, this petition is allowed. The petitioners shall
be released on bail on the following terms and conditions:
i) The petitioners shall not be released on bail on the
strength of this order prior to 26/09/2007. The police shall, in the
meantime, make every endeavour to complete the investigation.
ii) They shall execute bonds for Rs.50,000/- (Rupees fifty
thousand only) each with two solvent sureties each for the like sum to
the satisfaction of the learned Magistrate.
iii) The petitioners shall make themselves available for
interrogation before the investigating officer between 10 a.m and 12
noon on all Mondays and Fridays until further orders.
iv) Except for the purpose of condition No.iii) above, the
petitioners shall not enter the jurisdiction of Kayamkulam police
station until further orders without the prior permission of the learned
Magistrate.
(R.BASANT, JUDGE)
jsr
B.A.No.5512/07 3
B.A.No.5512/07 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007