IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4315 of 2010()
1. MUHAMMED ASHRAF, S/O. KHALID, AGED 42,
... Petitioner
2. UNAIZ M.V.S/O.ABDUL SALAM, AGED 26,
3. UMAIR @ UMMER, S/O. AHAMMED, AGED 38,
Vs
1. STATE THROUGH PARIYARAM MEDICAL
... 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.
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B.A. No. 4315 of 2010
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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,
452, 427, 428, 324, 395 and 506(i) read with Section 149 of the
Indian Penal Code. According to prosecution, petitioners(accused
nos.2 , 12 and 15 respectively) along with other accused (total 15 in
nos), formed themselves into an unlawful assembly and committed
house trespass into the house of the de facto complainant and
committed mischief by breaking the window glasses etc. They also
assaulted the de facto complainant using sticks and committed theft
of 5= sovereigns of gold, Rs. 8000/- and 35 kgs of pepper. The
incident happened on 29.05.2010 at about 3.30 P.M.
3. Learned counsel for petitioners submitted that accused nos.
1 and 15 were arrested on 29.06.2010 and accused no.12 was
arrested on 30.06.2010 and they are in custody for the past 49 and
48 days respectively.
4. Learned Public Prosecutor submitted that taking into
consideration, the general allegations made against petitioners, this
petition is not opposed, but stringent conditions may be imposed, it
is submitted.
B.A. No. 4315 / 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) 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 Monday,
Wednesday and Saturday, 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
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