Kerala High Court
K.V.Shamsudeen vs State Of Kerala Through The Sub on 10 November, 2008
Author: K.Hema
Bench: K.Hema
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6851 of 2008()
1. K.V.SHAMSUDEEN, S/O.MOIDUTTY,
... Petitioner
2. P.RAFEEK, S/O.IBRAHIM, AGED 26 YEARS,
3. C.P.SAJEER, S/O.ABOOBACKER, AGED 25 YRS,
Vs
1. STATE OF KERALA THROUGH THE SUB
... Respondent
For Petitioner :SRI.SUNNY MATHEW
For Respondent : No Appearance
The Hon'ble MRS. Justice K.HEMA
Dated :10/11/2008
O R D E R
K.HEMA, J.
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B.A.No.6851 of 2008
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Dated this the 10th November, 2008
O R D E R
This petition is for bail.
2. The alleged offences are under Sections 143, 147, 148, 324 and 447 read with Section 149 IPC and under Sections 3 and 5 of Explosive Substances Act. Petitioners are accused nos. 2 to 4. According to prosecution, on 26.8.2008, at about 12.15 a.m., petitioners along with other accused formed into an unlawful assembly and committed rioting armed with deadly weapons and threw country bombs at the residential house of defacto complainant and also pelted stones and caused a loss of Rs.2,000/-. Defaco complainant also sustained injuries since he was assaulted.
3. Learned counsel for petitioners submitted that accused nos. 2 and 3 were arrested on 7.10.2008 and 4th accused was arrested on 20.10.2008. It is also submitted that the only non- bailable offence is under Sections 3 and 5 of Explosive Substances Act. But, scene mahazar will not show any remnants of any explosive substances, it is submitted.
4. Learned public prosecutor submitted that this is an offshoot of rivalry between workers of NDF and CPI(M). He has no BA No.6851/2008 2 objection in granting bail by imposing stringent conditions, it is submitted.
Hence, bail is granted to petitioners on the following terms and conditions:
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 on the following conditions:
(i) Petitioners shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders.
(ii) Petitioners shall not enter the limits of police station within which crime is registered except for compliance of direction in clause no.(i).
(iii) 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.
BA No.6851/2008 3
K.HEMA, JUDGE csl