IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 908 of 2009()
1. N.BABURAJ, AGED 39 YEARS,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
For Petitioner :SRI.JAWAHAR JOSE
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :27/02/2009
O R D E R
M. SASIDHARAN NAMBIAR, J.
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B.A.No.908 OF 2009
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Dated this the 27th day of February, 2009
O R D E R
Petitioner is the fourth accused in Crime 14 of 2009 of
Vellarikundu police station. Prosecution case is that all the
accused in that case formed themselves into an unlawful
assembly with the common object of rioting and attacking the
police party and armed with sticks, attacked the police party at
Balal on 8.2.2009 at about 1.15 a.m. and thereby committed
offences under section 143, 147, 148, 341, 332 and 308 read
with section 149 of Indian Penal Code. Petitioner was arrested
on 12.2.2009 and since then he is in judicial custody. Though
petitioner filed bail application before Judicial First Class
Magistrate-II, Hosdurg, it was dismissed.
2. Learned counsel appearing for petitioner and learned
Public Prosecutor were heard.
3. Learned Public Prosecutor opposed the application
making available the CD file stating that the investigation is at
the early stage. Learning counsel appearing for petitioner
B.A.908/2009
2
pointed out that the prosecution case is only that the Head
Constable was beaten with hands and in such circumstances the
petitioner is entitled to get an order of bail.
4. On perusing the CD file and considering the fact that
petitioner has been in custody from 12.2.2009 and the nature of
the offences alleged and the overtacts, I find that it is a fit case
where petitioner could be granted bail on conditions.
Petitioner is granted bail on executing a bond for
Rs.10,000/- with two solvent sureties for the like sum to the
satisfaction of Judicial First Class Magistrate-II, Hosdurg.
Petitioner shall not influence or threaten the witnesses and shall
not leave the state without the permission of the learned
Magistrate. Petitioner shall make himself available for
interrogation as and when directed by the investigating officer.
M. SASIDHARAN NAMBIAR, JUDGE
okb