IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 823 of 2010()
1. N.U.SHAFI, S/O.ABDULLA, AGED 23 YEARS,
... Petitioner
2. K.M.SHAMEEM, S/O.MUSTHAFA, AGED 23 YEARS
Vs
1. STATE, THROUGH THE STATION HOUSE OFFICER
... Respondent
For Petitioner :SRI.V.A.SATHEESH
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :16/02/2010
O R D E R
K.T.SANKARAN, J.
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B.A.No.823 of 2010
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Dated this the 16th day of February, 2010
ORDER
This is an application for bail under Section 439 of the
Code of Criminal Procedure. Petitioners are accused Nos.14 and
15 in Cr.No.707 of 2009 of Taliparamba Police Station.
2. The offences alleged against the petitioners are under
Sections 143, 147, 148, 342, 307, 332, 333, 395 and 427 read
with Section 149 of the Indian Penal Code and Section 3(2) of the
PDPP Act.
3. The prosecution case is that on 15.11.2009 at about 5
PM, when the police party was patrolling in the disputed area in
Taliparamba, where clashes between the workers of Communist
Party of India (Marxist) and of the Indian Union Muslim League
were rampant, the accused persons, 45 in number, came on
fifteen motor bikes and attacked the police party. One Assistant
Sub Inspector of Police sustained serious injuries resulting in a
fracture. Others also sustained injuries. A police jeep was
destroyed by the accused. The wireless set and the official
mobile phone were robbed away by the accused.
B.A.No.823 of 2010 2
4. The petitioners were arrested on 12.1.2010 and they
were remanded to judicial custody.
5. As per the order dated 15th December, 2009 bail was
granted to some of the accused persons. As per the order dated
28.01.2010 in B. A. No. 399 of 2010, bail was granted to accused
No.13.
6. Taking into account the facts and circumstances of the
case, the duration of the judicial custody undergone by the
petitioners, the nature of the offence and the present stage of
investigation, I am of the view that bail can be granted to the
petitioners on stringent conditions.
7. The petitioners shall be released on bail on their
executing a bond for Rs.25,000/- each with two solvent sureties
each for the like amount to the satisfaction of the Judicial
Magistrate of the First Class, Taliparamba, subject to the
following conditions:
a) The petitioners shall report before the investigating
officer between 9 A.M. and 11 A.M. on all Sundays
and Wednesdays for a period of two months and
thereafter, on all Wednesdays, till the final report is
filed or until further orders;
b) The petitioners shall appear before the investigating
officer for interrogation as and when required;
B.A.No.823 of 2010 3
c) The petitioners shall not try to influence the
prosecution witnesses or tamper with the evidence;
d) The petitioners shall not commit any offence or
indulge in any prejudicial activity while on bail;
e) In case of breach of any of the conditions mentioned
above, the bail shall be liable to be cancelled.
The Bail Application is allowed as above.
K.T.SANKARAN,
JUDGE
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