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2010 Supreme(Online)(KER) 20067

HIGH COURT OF KERALA
K.T.SANKARAN, J
JAFFER SADIQUE @ JAFFER – Appellant
Versus
STATE THROUGH TALIPARAMBA POLICE STATION – Respondent


Advocates:
SRI.V.A.SATHEESH, SRI.V.T.MADHAVANUNNI

ORDER

This is an application for bail under Section 439 of the Code of Criminal Procedure . The petitioner is accused No.13 in Cr.No.707 of 2009 of Taliparamba Police Station.

2. The offences alleged against the petitioner are under Sections 143, 147, 148, 342, 307, 332, 333, 395 and 427 read with Section 149 of the Indian Penal Code and Section 3(2) of the PDPP Act.

3. The prosecution case is that on 15.11.2009 at about 5 PM, when the police party was patrolling in the disputed area in Taliparamba, where clashes between the workers of Communist Party of India (Marxist) and of the Indian Union Muslim League were rampant, the accused persons, 45 in number, came on fifteen motor bikes and attacked the police party. One Assistant Sub Inspector of Police sustained serious injuries resulting in a fracture. Others also sustained injuries. A police jeep was destroyed by the accused. The wireless set and the official mobile phone were robbed away by the accused.

BA No.399/2010 2

4. The petitioner was arrested on 7.1.2010. He was remanded to judicial custody.

5. As per the order dated 15th December, 2009 bail was granted to some of the accused persons.

6. Taking into account the facts and circum

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