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Kerala High Court

Moideenkoya vs State Of Kerala on 3 January, 2008

Author: R. Basant

Bench: R.Basant

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 8000 of 2007(M)



1. MOIDEENKOYA
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.K.P.MUJEEB

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :03/01/2008

 O R D E R
                            R. BASANT, J.
                  - - - - - - - - - - - - - - - - - - - - - -
                      B.A.Nos. 8000, 8004 &
                           8138 of 2007
                  - - - - - - - - - - - - - - - - - - - - - -
             Dated this the 3rd day of January, 2008

                               O R D E R

These applications for regular bail are filed by the petitioners, who face allegations in a crime registered for offences punishable, inter alia, under Section 307 r/w. 149 I.P.C. They are accused 1, 2, 4, 7, 8, 12, 14, 16 & 17. They were arrested on various dates between 20.10.07 to 30.10.2007. An earlier application for regular bail filed by some of them was dismissed as per common order dt. 5.9.07 in B.A.Nos. 7425 and 7482 of 2007. Facts have been adverted to in detail in that common order. This order must be read in continuation of that order. I am not hence adverting to facts in any greater detail in this order. Suffice it to say that the incident took place on 19.10.2007 and was one between the followers of NDF and RSS. A tense law and order situation prevails in the locality, it is submitted. Investigation is now being conducted by the Asst. B.A.Nos. 8000, 8004 & 8138 of 2007 2 Commissioner of Police, South Kozhikode City, submits the learned Prosecutor.

2. The learned counsel for the petitioners prays, the learned Prosecutor does not oppose the said prayer on condition that appropriate safeguards may be insisted and I am satisfied that the petitioners, who have remained in custody from 20.10.2007 to 30.10.2007, can now be enlarged on bail, subject to appropriate terms and conditions.

3. In the result:

1) These applications are allowed.
2) The petitioners shall be released on bail on the following terms and conditions.
(a) The petitioners shall execute bonds for Rs.50,000/-

(Rupees fifty thousand only) each with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate.

(b) The petitioners shall not for a period of three months from this date, enter the jurisdiction of Nallalam Police Station without the prior permission of the learned Magistrate. B.A.Nos. 8000, 8004 & 8138 of 2007 3

(c) They shall make themselves available for interrogation before the Investigating Officer as referred above, on all Mondays and Fridays between 10 a.m. and 12 noon for a period of three months from this date.

(R. BASANT) Judge tm