Muhammed Ashraf vs State Through Pariyaram Medical … on 16 August, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 4316 of 2010()


1. MUHAMMED ASHRAF, S/O.KHALID, AGED 42,
                      ...  Petitioner
2. UNAIZ M.V.S/O. ABDUL SALAM, AGED 26,

                        Vs



1. STATE THROUGH PARIYARAM MEDICAL COLLEGE
                       ...       Respondent

                For Petitioner  :SRI.V.A.SATHEESH

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :16/08/2010

 O R D E R
                              K.HEMA, J.
                           ------------------
                        B.A. No. 4316 of 2010
                  ------------------------------------
                Dated this the 16th day of August, 2010

                              O R D E R

Petition for bail.

2. The alleged offences are under Sections 143, 147, 148,

332 and 307 read with Section 149 of the Indian Penal Code and

Section 3 of the Explosive Substances Act. According to

prosecution, on 29.05.2010 at about 3.30 P.M., 75 persons

including petitioners(A2 and A9 respectively) formed themselves

into an unlawful assembly and pelted stones against the police. A

bomb was also hurled, though it did not explode.

3. Learned counsel for petitioners submitted that petitioners

(A2 and A9) were arrested on 29.06.2010 and they are in custody

for the past 49 days. The bomb which hurled did not explode. The

co-accused were granted bail by this court, it is submitted.

4. Learned Public Prosecutor submitted that since similarly

placed co-accused are granted bail, he has no objection in granting

bail. But, stringent conditions may be imposed, while granting bail,

it is submitted.

B.A. No. 4316 / 2010 2

5. On hearing both sides, I am satisfied that bail can be

granted to petitioners on conditions. Hence the following order is

passed:

Petitioners shall be released on bail on their

executing bond for Rs.50,000/- (Rupees fifty

thousand only) each with two solvent sureties each

for the like sum to the satisfaction of the Magistrate

Court concerned on the following conditions:

i) Petitioners shall report before the Investigating
Officer on every alternate day, between 10
A.M. and 1 P.M.

ii) Petitioners shall not enter the limits of the
police station within which the crime is
registered, except for compliance of
condition no.1.

iii) Petitioners shall not influence or intimidate
any witness or tamper with the evidence.

iv) In case, petitioners are involved in any
similar offence, their bail is liable to be
cancelled.

This petition is allowed.

K. HEMA, JUDGE

ln