IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2364 of 2008()
1. CHIERIYA @ K.P.MOHAMMED,
... Petitioner
2. IQBAL @ MOHAMMED IQBAL,
3. SHAMEER, S/O.SALAM,
4. ABOOBACKER, S/O.AHMED KUTTY,
5. HYDROSE, S/O.KUNHIMOIDEEN,
6. PRABHAKARAN, S/O.UNNIPERU, AGED 50 YEARS
7. ABDULLA, S/O.ABDURAHIMAN, AGED 52 YEARS,
8. JIMSHAD, S/O.RASHEED,
Vs
1. STATE OF KERALA TRHOUGH THE SUB
... Respondent
For Petitioner :SRI.SUNNY MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :06/05/2008
O R D E R
K.P.BALACHANDRAN, J.
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B.A.No.2364 of 2008-C
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Dated, this the 6th day of May, 2008
ORDER
This is an application for anticipatory bail filed under
Section 438 Cr.P.C.
2. Petitioners are accused Nos.1, 3 and 5 to 10 in Crime
No.272/2008 of Thamarassery Police Station registered for offences
under Sections 143, 147, 447, 427, 379 IPC read with Section 149
thereof as also under Section 3 (1) of the PDPP Act. The allegation is
that the petitioners along with other accused formed themselves into
an unlawful assembly, armed with weapons on 22-3-2008; committed
rioting and in prosecution of the common object of the unlawful
assembly trespassed into the land belonging to the agricultural
department of the Kerala Government near Kottarakunnu Road and
widened the existing pathway and in that process caused loss to the
Government by felling certain trees that stood in the land which was
put to use for widening the road.
3. I heard the submissions of the counsel for the
petitioners and Public Prosecutor.
4. Considering the nature of offence and the
circumstances in which it has been committed, I am of the view that
B.A.No. -2-
anticipatory bail can be granted to the petitioners imposing necessary
conditions.
5. In the result, I direct the petitioners to surrender
before the Magistrate concerned positively on or before 13-5-2008 and
shall deposit by way of cash security an amount of Rs.2,000/- each
and shall thereafter execute bail bond for Rs.15,000/- each with two
solvent sureties each for the like sums to the satisfaction of the
Magistrate. On the above conditions being satisfied the petitioners
can be enlarged on bail on the following conditions:
That they shall appear before the Investigating Officer
between 10 A.M and 11 A.M on all Tuesdays and Fridays for a period
of one month and thereafter as and when called for; that they shall
co-operate with the investigation of the case and shall not try to
influence or intimidate the witnesses in the case and shall not get
themselves involved in commission of any offence, while on such bail.
(K.P.BALACHANDRAN)
JUDGE.
MS