IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 Bail Appl..No. 10301 of 2011() ------------------------------ CRIME NO.1170/2011 OF HOSDURG POLICE STATION .................... PETITIONERS/ACCUSED 4, 5, 7, 9 & 14 --------------------------------------- 1. GANGDHARAN B.AGED 28,S/O.KANNAN, PUTHIYAVEEDU, MADIYAN, AJANUR VILLAGE HOSDURG TALUK, KASARAGOD DISTRICT. 2. RIJESH P. AGED 26, S/O.LATHA, PUTHIYAVALAPPU HOUSE MADIYAN, AJANUR VILLAGE HOSDURG TLUK, KASARAGOD DISTRICT. 3. PRADEEP K., AGED 25 YEARS, S/O.KUNHIKRISHNAN, MADIYANPALAM, KANNOTH HOUSE, PALAKKI, AJANUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. 4. SHIJU P.,AGED 26, S/O.NARAYANI, PALAKKI, AJANUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. 5. RAJESHAN P.@ RAJEEVAN, AGED 34 YEARS, S/O.APPAKUNHI, PALAKKI HOUSE MADIYAN, AJANUR VILLAGE, HOSDURG TAUK, KASARAGOD DISTRICT. BY ADV. SRI.A.ARUNKUMAR RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE - REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER HOSDURG POLICE STATION (CRIME NO.1170/2011) HOSDURG, KASARAGOD DISTRICT 671315. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.10301 of 2011 --------------------------- Dated this the 15th 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 petitioners are accused Nos.4, 5, 7, 9 and 14 in Crime No.1170 of 2011 of Hosdurg Police Station, Kasaragod District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 427, 452, 506(ii) and 153A read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 11.10.2011 at 1.15 P.M., the accused persons formed themselves into an unlawful assembly armed with deadly weapons, trespassed into the house of the de facto complainant and destroyed the window panes, furniture and a car. The accused also intimidated the de facto complainant. It is also alleged that the accused shouted slogans to promote enmity between different groups on the ground of religion. BA 10301/11 2 4. Petitioners 1 to 4 were arrested on 4.11.2011 and the fifth petitioner was arrested on 11.11.2011. They were remanded to judicial custody. 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 with effect from 17.12.2011. The petitioners shall be released on bail only on 17.12.2011 on their executing bond for ` 25,000/- (Rupees Twenty Five Thousand only) each 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 petitioners shall surrender their passports before the court of the Judicial Magistrate of the First Class-I, Hosdurg. If the passport was seized by the police or if the petitioners do not have passport, an affidavit sworn to by them to that effect shall be filed before the learned Magistrate; BA 10301/11 3 B) The petitioners 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 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