IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1686 of 2007()
1. ISMAIL,S/O.MOOSA,KARAKUNNUMMEL HOUSE,
... Petitioner
2. RASAK,S/O.ALI,KARAKUNNUMMEL HOUSE,
3. MUHAMMED SHAFI,S/O.KOYA,AREEKDATHPURAYIL
4. ABBAN,S/O.MOIDEEN,PALAKKAL MEETHAL VEEDU
5. SHAMMER A.O,S/O.KUNHIKOYA,
6. SIDDIQUE K.K,S/O.AHAMMED KUTTY,
7. MUSTHAFA K.K,S/O.AHAMMED KUTTY,
8. SIDDIQUE K.K,S/O.MAMMU,ANIKATTUMMEL
9. ABDUL KABEER,S/O.MAMUKOYA,AREEKADATH
10. FAISAL K.K,S/O.AHAMMED,KARAKKUNNUMMEL,
11. SHAMEEL K.,S/O.UMMER,KARAKUNNUUMMEL
Vs
1. STATE OF KERALA REP.BY THE SUB
... Respondent
For Petitioner :SRI.P.SANJAY
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :20/03/2007
O R D E R
V.RAMKUMAR, J.
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Bail Application No. 1686/2007
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Dated this 20th day of March, 2007
O R D E R
The petitioners, who are accused Nos. 1 to 11 in
Crime No.58/2007 of Kunnamangalam Police Station for
offences punishable under Sections 143, 147, 148, 341, 324,
308, 332 and 225(b) IPC read with Section 149 IPC and also
under Section 3(2)(e) of the PDPP Act, seek their enlargement
on bail. The occurrence took place on 6.3.2007. Accused Nos. 1
and 2 were arrested on 6.3.2007 and rest of the accused were
arrested on 9.3.2007.
2. The learned Public Prosecutor opposed the
application.
3. The case of the prosecution is that Sub Inspector of
Police, Kunnamangalam along with his police party were
patrolling within the limits of the Police Station in connection
with the harthal sponsored by UDF and when the police party
reached at a place called 10th mile, about 25 persons including
the petitioners herein formed themselves into an unlawful
assembly and committed rioting armed with dangerous weapons
and deterred the police party from discharging their official
B.A.1686/2007
2
duty. They also pelted stones at the Sub Inspector and his
companions and damage caused to the police jeep was of
Rs.2,000/-.
4. Having regard to the nature of the offences, the
duration of judicial custody of the petitioners and the other
circumstances of the case etc., I am inclined to grant bail to the
petitioners, but from a future date. Accordingly, the petitioners
are directed to be released on bail with effect from 28.3.2007,
on each of them executing a bond for Rs. 10,000/- (Rupees ten
thousand only) with two solvent sureties each for the like
amount to the satisfaction of the J.F.C.M, Kunnamangalam and
subject to the following conditions:
(a). The petitioners shall report before the
Investigating Officer between 9 a.m. and 11
a.m. on all Wednesdays.
(b). The petitioners shall make themselves
available for interrogation as and when
required by the police till the filing of the
final report.
(c). The petitioners shall not influence or
intimidate the prosecution witnesses nor
B.A.1686/2007
3
shall they attempt to tamper with the
evidence for the prosecution.
(d). The petitioners shall not commit any
offence while on bail.
5. If the petitioners commit breach of any of the above
conditions, the bail granted to them shall be liable to be
cancelled.
The application is allowed as above.
V.RAMKUMAR,
JUDGE
mrcs