IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3950 of 2008()
1. SANTHOSE NAIK @ BAJASANTHU, S/O BABU
... Petitioner
2. K.SIVAPRASAD 2 SHIVAN, S/O MALINAKAN,
3. AJITH @ AJJU S/O RAGHAVAN,AGED 20 YEARS,
4. KISHOR, S/O BEEDI MADHAVAN,
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
2. STATE REPRESENTED BY PUBLIC
For Petitioner :SRI.T.G.RAJENDRAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :14/07/2008
O R D E R
K.HEMA, J.
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B.A.No.3950 of 2008
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Dated this the 14th day of July, 2008
O R D E R
This petition is for bail.
2. The alleged offences are under Sections 341, 302 and
153A read with Section 34 IPC. The petitioners are accused Nos. 1
to 4 in the crime. According to the prosecution, due to communal
enmity, petitioners in furtherance of common intention, wrongfully
restrained the father of the defacto complainant and stabbed on his
chest and neck with knife.
3. Learned counsel for the petitioners submitted that the
names of the petitioners were not mentioned in the First
Information Statement. The incident occurred on 18.4.2008 and
they were implicated as per a subsequent report and they were
arrested on 2.5.2008. The petitioners are innocent and they are
implicated falsely only because they are RSS workers in the
locality.
4. Learned public prosecutor submitted that it is likely that
there will be disharmony in the locality because this case is an off
shoot of a communal rivalry between two groups, but he has no
objection in granting bail by imposing conditions to see that the
BA No.3950/08 2
law and order situation in the locality is not disturbed.
Hence, bail is granted to the petitioners on the following
terms and conditions.
(i) Petitioners shall execute bond for Rs.25,000/- each with
two solvent sureties each for the like sum to the
satisfaction of the Magistrate Court concerned.
(ii) Petitioners shall report before the Superintendent of
Police, Kasaragod (or any officer who may be deputed
by the S.P. for this purpose) on every Monday and
Thursday between 10 a.m. and 1 p.m. until further
orders.
(iii) Petitioners shall not enter the limits of the police station
within which the crime is registered except with the
prior permission of the learned Magistrate.
(iv) Petitioners shall not threaten or intimidate any witness
and shall not commit any offence while on bail and in
case of breach of this condition, bail is liable to be
cancelled.
The petition is allowed.
K.HEMA, JUDGE
csl