IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1145 of 2008()
1. NOUFAL V.K.,,S/O.KHALID, AGED 28 YEARS
... Petitioner
Vs
1. STATE OF KERALA THROUGH THE
... Respondent
For Petitioner :SRI.SUNNY MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :25/02/2008
O R D E R
R. BASANT, J.
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B.A.No. 1145 of 2008
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Dated this the 25th day of February, 2008
O R D E R
Application for regular bail. The petitioner is the 4th
accused. Altogether there are 15 accused persons. The accused
face allegations for offences punishable, inter alia, under Section
308 I.P.C. The injured belong to C.P.M. and the accused persons
allegedly owed allegiance to NDF. The alleged incident took
place on 10.1.2008. The petitioner was arrested on 19.1.2008.
On account of political animosity, an attack was made on the
victims belonging to the CPM using iron rods. No serious/
grievous injury has been suffered. Had the weapon landed on
more vulnerable part of the body, death would have taken place.
This is the allegations raised. The petitioner continues in custody
from 19.1.2008. One of the co-accused (A6) has been arrested
and he has already been enlarged on bail. It is prayed that the
petitioner, who remains in custody from 19.1.2008, may now be
enlarged on bail subject to appropriate terms and conditions.
B.A.No. 1145 of 2008
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2. Notice was given. The learned Prosecutor does not oppose
the application. He only prays that appropriate conditions may be
imposed, considering the nature of the dispute, to ensure that there is
no possibility of recurrence of the incident.
3. Having considered all the relevant inputs, I am satisfied that
the petitioner can be granted regular bail.
4. In the result:
1) This application is allowed.
2) The petitioner shall be released on bail on the following terms
and conditions.
(a) The petitioner shall execute a bond for Rs.50,000/- (Rupees
fifty thousand only) with two solvent sureties each for the like sum to
be satisfaction of the learned Magistrate.
(b) He shall surrender the passport, if any. If there is no
passport, an affidavit to that effect shall be filed before the learned
Magistrate.
(c) He shall make himself available for interrogation before the
Investigating Officer on all Mondays and Fridays between 10 a.m.
B.A.No. 1145 of 2008
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and 12 noon for a period of three months and thereafter as and when
directed by the Investigating Officer in writing to do so.
(b) During the said period of three months the petitioner shall
not enter the jurisdiction of Valapatanam Police Station without the
prior permission of the learned Magistrate, except for the purpose of
complying with condition (c) above.
(R. BASANT)
Judge
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