IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 Bail Appl..No. 9544 of 2011() ----------------------------- CMP.9158/2011 of J.M.F.C.-I,HOSDRUG CRIME NO.1087/2011 OF HOSDURG POLICE STATION .................... PETITIONER/ACCUSED NO.5 : ---------------------------- V.VIJAYAN, AGED 37 YEARS, S/O.KANDAPPAN, CHALIYAMVALAVIL, KOTTILANGADU, RAVANESHWARAM, CHITHARI VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.A.ARUNKUMAR RESPONDENTS: COMPLAINANT -------------------------- 1. STATE - REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER HOSDURG POLICE STATION, (CRIME NO.1087 OF 2011), HOSDURG, KASARAGOD DISTRICT, PIN-671315. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.9544 of 2011 ---------------------------------------------- Dated this the 25th day of November, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.5 in Crime No.1087 of 2011 of Hosdurg Police Station, Kasaragod District. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 341, 323 and 153-A read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 11/10/2011 at 10.30 A.M., while the de facto complainant, a student, was returning home, he was restrained by the accused and he was asked to disclose his name. On coming to know that the victim belongs to Muslim community, the accused persons stated that the Muslims would not be allowed to live in the locality. The victim was manhandled by the accused. 4. The petitioner was arrested on 25/10/2011 and he was remanded to judicial custody. 5. In similar cases involving an offence under Section 153-A of the Indian Penal Code, bail was granted only after completion of 45 days in judicial custody. Bail Appln.No.9544/2011 : 2 : 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offences and the present stage of investigation, I am of the view that bail can be granted to the petitioner only with effect from 08/12/2011. 7. The petitioner shall be released on bail with effect from 08/12/2011 on his executing bond for `25,000/-(Rupees Twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Hosdurg, subject to the following conditions:- a) The petitioner shall surrender his Passport before the Court of the Judicial Magistrate of the First Class-I, Hosdurg. If the Passport was seized by the police or if the petitioner does not have a Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate; b) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays for a period of one month and thereafter, on all Bail Appln.No.9544/2011 : 3 : Mondays till the final report is filed or until further orders; c) The petitioner shall appear before the investigating officer for interrogation as and when required; d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. e) The petitioner 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 skj True copy P.A. to Judge