IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 804 of 2009()
1. HARIPRASAD, S/O.BHASKARAN NAIR,
... Petitioner
Vs
1. THE CIRCLE INSPECTOR OF POLICE,
... Respondent
For Petitioner :SRI.P.G.THAMPI (SR.)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :20/02/2009
O R D E R
K. HEMA, J.
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Bail Appl. No. 804 of 2009
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Dated this the 20th day of February, 2009.
ORDER
Petition for bail.
2. The alleged offences are under Sections 143, 147,
148, 341, 324, 452, 307 and 149 of IPC and section 27 of the
Arms Act. According to prosecution, petitioner, along with 15
other accused, formed into an unlawful assembly and armed
with deadly weapons committed rioting and also wrongfully
restrained de facto complainant and attempted to commit
murder, after committing house trespass into the house of de
facto complainant in prosecution of the common object of the
unlawful assembly.
3. Petitioner is the 2nd accused in the crime. Learned
counsel for petitioner submitted that first and 3rd accused are
already granted bail by learned Sessions Judge, but the bail
application filed by petitioner was dismissed on the ground that
petitioner is involved in another crime registered under Section
302 IPC. But the learned Sessions Judge missed to take note of
the fact that accused were granted statutory bail. Petitioner was
[B.A.No.804/09] 2
arrested on 1.12.2008 and he is in custody for the past 83 days.
He is prepared to abide by any condition, It is submitted. As per
the instruction, petitioner was taken into custody much earlier to
the alleged date of arrest and he was in illegal custody of the
police, it is submitted.
4. Learned Public Prosecutor submitted that he has no
objection in granting bail but stringent conditions may be
imposed.
5. On hearing both sides, I am satisfied that bail can
be granted to petitioner on conditions. Hence, the following order
is passed:
Petitioner shall be released on bail on his executing
bond for Rs.50,000/- with two solvent sureties each
for the like sum to the satisfaction of the Magistrate
Court concerned, the following conditions:
i) Petitioner shall report before the
investigating officer on every Monday,
Wednesday and Saturday between 10 a.m.
and 1 p.m. until further orders.
ii) Petitioner shall not leave the limits of the
police station, within which the crime is
[B.A.No.804/09] 3
registered, except with previous
permission of the learned Magistrate.
iii) Petitioner shall not influence or intimidate
any witness or tamper with evidence or
commit any offence while on bail and, in
case of breach of this condition, bail is
liable to be cancelled.
This petition is allowed.
K. HEMA, JUDGE.
Krs.