IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3787 of 2008()
1. ILLIAS, AGED 20, S/O. SULAIMAN,
... Petitioner
2. SHEMEER, AGED 22, S/O. SULAIMAN,
3. KAMARUDHEEN @ KAMRU, AGED 23,
4. RASHEED, AGED 39, S/O. ABBAS,
Vs
1. STATE OF KERALA, REP. BY PUBLIC
... Respondent
For Petitioner :SRI.RAJIT
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :13/06/2008
O R D E R
K. HEMA, J.
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B.A.No. 3787 of 2008
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Dated this the 13th day of June, 2008
O R D E R
Application for bail.
2. The alleged offences are under sections 120(b), 109, 307 read
with section 34 IPC. According to the prosecution, while the defacto-
complainant was proceeding on a motor cycle, two persons came in
another motor cycle and attacked the defacto-complainant with sword
etc., with intention to kill him. The offence was committed in
pursuance of a criminal conspiracy with accused 3 and 4. Persons who
assaulted the defacto-complainant are accused 1 and 2. Accused 3 and
4 are brought in on the allegation of criminal conspiracy.
3. This application is strongly opposed. It is submitted by the
learned Public Prosecutor that accused 1 and 2 are involved in other
cases. It is also submitted that the incident is in connection with illegal
sand mining, in which accused 3 and 4 are involved. They are the
master brain behind the incident.
4. The learned counsel for the petitioners submitted that
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marriage of the 3rd petitioner and his sister was fixed to 22-6-2008 and
he was busy in connection with the marriage. The 3rd petitioner is
innocent of the allegations made. The learned counsel for the petitioner
requests that at least the 3rd petitioner may be granted bail.
5. The learned Public Prosecutor submitted that he has no
objection in granting bail to the 3rd petitioner on stringent conditions.
6. Hence, the following order is passed:-
1) Request for bail by petitioners 1 and 2 is rejected.
2) The 3rd petitioner shall be released on bail on his executing a
bond for Rs.25,000/- with two solvent sureties each for the like amount
to the satisfaction of the Magistrate concerned on the following
conditions:-
i) The 3rd petitioner shall report before the Investigating Officer
on every Monday and Thursday between 10 a.m. and 1 p.m., until
further orders.
ii) The 3rd petitioner shall not leave the limits of the police
station, within which the incident occurred except with the previous
permission of the Magistrate concerned.
BA 3787/08 -3-
iii) The petitioner shall not intimidate any witness or get
involved in any offence of similar nature and if this condition is
violated, bail is liable to be cancelled.
The application is partly allowed.
K. HEMA,
JUDGE.
mn.