IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7286 of 2008()
1. SHABEER, S/O.MUHAMMED, SAFEER MANZIL
... Petitioner
2. FAZALU, S/O.USMAN,CHALILPARAMBIL HOUSE,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.ZUBAIR PULIKKOOL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :05/12/2008
O R D E R
K.HEMA, J.
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B.A.No.7286 of 2008
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Dated this the 5th December, 2008
O R D E R
This petition is for bail.
2. The alleged offences are under Sections 143, 147,
341, 323 and 153A read with Section 149 IPC. According to
prosecution, petitioners (A1 and A3) formed into an unlawful
assembly along with other accused and in prosecution of the
common object of the assembly, assaulted the defacto
complainant and caused grievous hurt, abused using obscene
words and also uttered some words which are likely to promote
religious enmity.
3. Petitioners surrendered before the Magistrate Court
on 17.11.2008 and they are in custody since then. Learned
public prosecutor submitted that he has no objection in granting
bail, but, stringent conditions may be imposed.
4. On hearing both sides, I am satisfied that bail can be
granted to the petitioners on stringent conditions.
Hence, bail is granted to the petitioners on the following
terms and conditions:
BA No.7286 /2008 2
(i) Petitioners shall execute bond for Rs.50,000/- each
with two solvent sureties each for the like sum to the
satisfaction of the Magistrate Court concerned.
(ii) Petitioners shall report before the Investigating
Officer on every Monday, Wednesday and Saturday
between 10 a.m. and 1 p.m. until further orders.
(iii) Petitioners shall not enter the limits of police station
within which the crime is registered except for
compliance of direction in clause no.(ii) above. But,
this will not bar him from spending the Bakrid day
with his family in the house.
(iv) Petitioners shall not influence or intimidate any
witness or tamper with evidence or 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