IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH TUESDAY, THE11H DAY OF FEBRUARY201422ND MAGHA, 1935 Bail Appl..No. 929 of 2014 () ------------------------------ CR. NO. 875/2013 OF PANOOR POLICE STATION, KANNUR DISTRICT. ...... PETITIONERS/ACCUSED: ------------------------------------- 1. SREEJITH. K. @ BOBAN, S/O.RAGHAVAN, AGED35YEARS, KELOTH HOUSE, MOKERI AMSOM, MAKOOL PEEDIKA, AKKANISSERI.
2. MANOJ.
P., S/O.GOVINDAN, AGED34YEARS, PALAKKOOL HOUSE, (NADANAM), MOKERI AMSOM, MUTHIRIPEEDIKA, LASKSHAM VEEDU COLONY.
3. DHANESH. T.K., S/O.DASAN, AGED25YEARS, DWARAKA HOUSE, PUTHOOR AMSOM, CHENDAYAD DESOM, KUNNUMMAL.
4. ROSHIN. P., S/O.RAJEEVAN, AGED22YEARS, POTHIYOTT HOUSE, MOKERI AMSOM DESOM, VALLANGAD.
5. RAJEEVAN M.K., S/O.NANU, AGED32YEARS, KANHIRAKKADAVIL HOUSE, MOKERI AMSOM, PATHIPPALAM, THALASSERY TALUK. BY ADV. SRI.CIBI THOMAS. RESPONDENTS/COMPLAINANT/STATE: ---------------------------------------------------------- 1. STATION HOUSE OFFICER, PANOOR POLICE STATION, PIN- 670 692.
2. STATE OF KERALA , REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682 031. BY PUBLIC PROSECUTOR SMT.LALIZA. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON1102-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. THOMAS P. JOSEPH, J.
========================= Bail Application No. 929 of 2014 ============================ Dated this the 11th February, 2014 ORDER
Petitioners are accused 3, 9, 13, 15 and 20 in Crime No.875 of 2013 of the Panoor police station for the offences punishable under Secs. 143, 147, 148, 454, 427 and 153(A) r/w. Sec.149 of the Penal Code and Secs. 3 and 5 of the Explosives Substances Act, are in custody from 03.12.2013, 04.12, 2013 and 05.12.2013 and seek bail.
2. Learned Public Prosecutor has opposed the application. It is submitted that on 02.12.2013 at the relevant time, the petitioners and others who are activists of a political party trespassed into the office of another political party, damaged the building, furniture etc. and burst country bomb. The 13th accused is involved in Crime No. 656 of 2012 for the offence under Sec.153A of the Penal Code. B.A No. 929 of 2014 2 3. Learned counsel has requested for bail.
4. Since these petitioners are in custody from 03.12.2013 to 05.12.2013, I am inclined to grant bail but subject to stringent conditions to prevent recurrence of such incidents in future. Application is allowed as under: Petitioners are granted bail in Crime No.875 of 2013 of the Panoor police station and shall be released, if not required to be detained otherwise on their executing bond for Rs.30,000/- (Rupees Thirty thousand only) each with two sureties each for the like sum each to the satisfaction of the jurisdictional magistrate and subject to the following conditions:- a) One of the sureties shall be a close relative of any of the petitioners. b) Petitioners shall report to the SHO, Thalassery on every Saturday between 10:00 a.m. and 12:00 p.m. until otherwise ordered by the jurisdictional magistrate until committal if any and thereafter by the learned Principal Sessions Judge, Thalassery. c) Petitioners shall report to the investigating officer as and when required for interrogation. d) Except if necessary for compliance of condition Nos. (b) and (c) the petitioners, shall not until B.A No. 929 of 2014 3 otherwise ordered by the jurisdictional magistrate/ Principal Sessions Judge as aforesaid and except with their permission (unless it is to attend any court) enter local limits of the Panoor police circle. d) Petitioners shall not get involved in any offence during the period of this bail. e) Petitioners shall not intimidate/influence the witnesses. f) It is made clear that in case any of condition Nos. (b) to (e) is violated, it is open to the Investigating Officer to seek cancellation of the bail granted hereby by moving application before the learned magistrate/Principal Sessions Judge as aforesaid, as held in P.K. Shaji V. State of Kerala (AIR2006Supreme Court 100). Sd/- THOMAS P.JOSEPH, JUDGE //true copy// P.A. to Judge Smv