High Court Kerala High Court

Rajesh.A vs Station House Officer on 18 February, 2010

Kerala High Court
Rajesh.A vs Station House Officer on 18 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 907 of 2010()


1. RAJESH.A,S/O.KRISHNAN, AGED 32 YEARS,
                      ...  Petitioner
2. PRAKASHAN.T,S/O.RAGHAVAN, AGED 28 YEARS,
3. PRADEEPAN.C,S/O.KUNHIRAMAN,AGED 33 YEARS
4. P.K.RAJESH,S/O.KUNHIKANNAN, AGED 31,
5. M.SHYJITH,S/O.PRABHAKARAN, AGED 35,

                        Vs



1. STATION HOUSE OFFICER, TALIPARAMBA
                       ...       Respondent

                For Petitioner  :SMT.M.R.JAYALATHA

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :18/02/2010

 O R D E R
                       K.T.SANKARAN, J.
                  ---------------------------------------------
                        B.A.No.907 of 2010
                  ---------------------------------------------
             Dated this the 18th day of February, 2010


                               ORDER

This is an application for bail under Section 439 of the Code

of Criminal Procedure. The petitioners are accused Nos.2, 7, 8, 9

and 10 in Cr.No.800 of 2009 of Taliparamba Police Station.

2. The offences alleged against the accused persons are

under Sections 143, 147, 153 and 436 read with Section 149 of the

Indian Penal Code.

3. It is stated that there was a series of clashes between

workers of two political parties, namely, Communist Party of India

(Marxist) and Indian Union Muslim League. The allegation is that

the accused persons set fire to three motor bikes and a car.

Accordingly, four crimes were registered against the petitioners

and others.

4. As per the order dated 21st January, 2010 in Bail

Application No.247 of 2010, bail was granted to accused No.6. It

is submitted that in respect of the connected cases, bail was

granted by this Court to the accused persons.

5. Taking into account the facts and circumstances of the

case, the duration of the judicial custody undergone by the

BA No.907/2010 2

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.

The petitioners shall be released on bail on their executing

bond for Rs.25,000/- each with two solvent sureties 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 Mondays, 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;

c) The petitioners shall surrender their passports before the
Judicial Magistrate of the First Class, Taliparamba within a
period of one week from today. If any of the petitioners does
not hold an Indian passport, an affidavit sworn to by him to
that effect shall be filed before the learned Magistrate within
one week;

d) The petitioners shall not try to influence the prosecution
witnesses or tamper with the evidence;

e) The petitioners shall not commit any offence or indulge in any
prejudicial activity while on bail;

f) 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
csl