IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 Bail Appl..No. 8121 of 2011() ----------------------------- CRIME NO.507/11 OF NADAKKAVU POLICE STATION .................... PETITIONERS : ACCUSED ------------------------------- 1. MOHAMMED RIYAS,35/11,S/O.ABDUL KHADER, GRACE HOUSE,KOTTOOLI ROAD,KOZHIKODE. 2. C.M.JEMSHEER, 31/11,S/O.ALI, CHERUMANNIL HOUSE,CHELAVOOR P.O, KOZHIKODE. 3. VARUN BHASKAR, 31/11,S/O.BHASKARAN, MACHANGALATH HOUSE,KARUVISSERI P.O., KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE, NADAKKAVU POLICE STATION, KOZHIKODE 673 011. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-31. STATE PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8121 of 2011 --------------------------- Dated this the 11th day of October, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.3, 4 and 5 in Crime No.507 of 2011 of Nadakkavu Police Station, Kozhikode. 2. The offences alleged against the petitioners are under Sections 143, 147, 148 and 332 read with Section 149 of the Indian Penal Code and Section 3(2)(e) of the PDPP Act. 3. The prosecution case is that on 11.8.2011, the accused persons formed themselves into an unlawful assembly, armed with deadly weapons, committed rioting and attacked the police officers. It is also alleged that they destroyed the police jeep and caused a loss of ` 20,000/- to the State. 4. The petitioners were arrested on 11.8.2011 in BA 8121/11 2 connection with another crime and their formal arrest was recorded in the present case on 22.9.2011. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners on stringent conditions. The petitioners shall be released on bail on their executing bond for ` 25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-IV, Kozhikode, subject to the following conditions: A) The petitioners shall together deposit a sum of ` 40,000/- before the court of the Judicial Magistrate of the First Class-IV, Kozhikode. The petitioners shall be released only on such deposit. The amount in deposit shall be at the disposal of the court trying the case ; B) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all Thursdays, till the final report is filed or until further orders; BA 8121/11 3 C) The petitioners shall appear before the investigating officer for interrogation as and when required; D) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; E) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; F) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T.SANKARAN JUDGE csl