IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 Bail Appl..No. 9389 of 2011() ----------------------------- CRIME NO.1121/2011 OF HOSDURG POLICE STATION, KASARAGOD .................... PETITIONER/ACCUED NO.10 : --------------------------------- P.P.NIZAMUDHEEN, S/O.SUHARA, AGED 19 YEARS, PUTHAN MANZIL @ PUTHAN PURAYIL, ITTAMMAL, AJANUR VILLAGE. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, HOSDURG POLICE STATION, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SMT.HIMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9389 of 2011 --------------------------- Dated this the 6th day of December, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.10 in Crime No.1121 of 2011 of Hosdurg Police Station, Kasaragod District. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 341, 324, 307 and 153A read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 11.10.2011 at 1.30 P.M., the accused persons formed themselves into an unlawful assembly, armed with deadly weapons, committed rioting near the railway track at Ajanoor Village and attempted to commit murder of the de facto complainant by beating him with iron rod on his head and legs. The de facto complainant sustained injuries and he lost three teeth. The petitioner was arrested on BA 9389/11 2 1.11.2011 and he was remanded to judicial custody. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner with effect from 22.12.2011. The petitioner shall be released on bail only on 22.12.2011 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 petitioner does not have a passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate; BA 9389/11 3 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 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 csl