IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2109 of 2010()
1. RIVAJ.P.V, S/O. T.P. KHALID,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.P.U.SHAILAJAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :09/04/2010
O R D E R
K.T.SANKARAN, J.
------------------------------------------------------
B.A. NO.2109 OF 2010
------------------------------------------------------
Dated this the 9th day of April, 2010
O R D E R
This is an application for bail under Section 439 of the Code of
Criminal Procedure. The petitioner is accused No.17 in Crime
No.706 of 2009 of Taliparamba Police Station, Kannur District.
2. The offences alleged against the accused are under
Sections 143, 147, 148, 307, 332, 395 and 427 read with Section
149 of the Indian Penal Code and Section 3(2)(c) of the PDPP Act.
3. The gist of the prosecution case is the following: A tense
situation was prevailing in Chenayannur at Taliparamba on account
of the clashes between the workers of Communist Party of India
(Marxist) and the Indian Union Muslim League. The police party
were taking a vigil over the area. On 15.11.2009 at 4.30 PM, 45
persons belonging to Muslim League came on fifteen motor bikes.
The police party intercepted those vehicles. At that time, the
aforesaid 45 persons attacked the police party with deadly weapons,
B.A. NO. 2109 OF 2010
:: 2 ::
resulting in the police officers sustaining injuries. It is also alleged
that those persons destroyed a police jeep.
4. The petitioner surrendered before Court on 27.3.2010 and
he was remanded to judicial custody.
5. As per the order dated 15.12.2009 in B.A.Nos.7211 and
7196 of 2009, bail was granted to accused Nos.1 to 8 and 9 to 11 in
the crime.
6. Taking into account the facts and circumstances of the
case, the duration of the judicial custody undergone by the petitioner,
the nature of the offence and the present stage of investigation, I am
of the view that bail can be granted to the petitioner on stringent
conditions.
7. The petitioner shall be released on bail on his executing
bond for Rs.25,000/- 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:
B.A. NO. 2109 OF 2010
:: 3 ::
a) The petitioner shall report before the investigating officer
between 9 A.M. and 11 A.M. on all Mondays and
Thursdays for a period of two months and thereafter, on
all Mondays, till the final report is filed or until further
orders;
b) The petitioner shall appear before the investigating
officer for interrogation as and when required;
c) The petitioner shall not try to influence the prosecution
witnesses or tamper with the evidence;
d) The petitioner 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
ahz/