IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 Bail Appl..No. 9258 of 2011() ----------------------------------- CMP.9151/2011 of J.M.F.C.-I,HOSDRUG .................... IN CRIME NO. 1109/2011 HOSDURG POLICE STATION PETITIONER(S): ------------------------------ HANEEF K, AGED 35 YEARS, S/O. ABDUL REHIMAN, KANDATHIL HOUSE, KOOLIKKADU, SOUTH CHITHARI, MADIYAN, CHITHARI VILLAGE, KASARGOD DIST BY ADV. SRI.K.P.HARISH RESPONDENT(S): ------------------------- 1. STATE-REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM682 031. 2. THE STATION HOUSE OFFICER, (CRIME NO.1109/2009 OF HOSDURG POLICE STATION) KASARGAOD DISTRICT-671315. BY PUBLIC PROSECUTOR SRI. R. RENJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ds K.T.SANKARAN, J. - - - - - - - - - - - - - - - - - - - - - - Bail Appl. NO. 9258 OF 2011 - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of November, 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. 6 in Crime No.1109 of 2011 of Hosdurg Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 427, 153A read with 149 of the Indian Penal Code. 3. The prosecution case is that on 11/10/2011 at 11.45 AM, the accused persons formed themselves into a unlawful assembly armed with deadly weapons and pelted stones and destroyed the house of the defacto complainant. The accused persons were shouting slogans promoting enmity between different groups on the ground of religion. B.A.No.9258/2011 -2- It is also alleged that on the same day, accused persons partly destroyed three other houses belonging to persons belonging to a community other than the community of the accused. The petitioner was arrested on 27-10-2011 and he was remanded to judicial custody. 4. When the Bail Application came up for hearing on 15/11/2011, the following order was passed; “The learned counsel for the petitioner submitted that in Annexure-A-1 petition submitted by the de facto complainant to the police, 10th respondent is Haneefa S/o. Abdul Rahiman, Kowal house, Koolikkad, Madiyan. The learned counsel for the petitioner submits that the petitioner is Haneef. K., S/o. Abdul Rehiman, Kandathil House, Koolikkadu, Madiyan. It is submitted by the learned counsel for the petitioner that the petitioner is a physically challenged person and most probably he is implicated due to a mistaken identity. The learned Public Prosecutor will get specific instructions with respect to the submissions made by the learned counsel for the petitioner. B.A.No.9258/2011 -3- Post on 21/11/2011.” 5. The learned Public Prosecutor submitted that there is no mistaken identity and the petitioner was correctly identified. He also submitted that the house name shown in the petition filed by the defacto complainant before the police is not fully correct. However, due to mentioning of an incorrect house name in the petition, no mistake was committed in the matter of identifying the real accused. 6. The learned Public Prosecutor also submitted that the petitioner is involved in another crime (Crime No.124/2008) as well. In similar cases which occurred in the locality, bail was granted only after undergoing about 45 days of judicial custody. 7. In the facts and circumstances of the case, I am not inclined to grant bail to the petitioner as on today. B.A.No.9258/2011 -4- However, the petitioner shall be released on bail on 9th December, 2011. 8. 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, however, only with effect from 09/12/2011. 9. The petitioner shall be released on bail only on 09/12/2011 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 B.A.No.9258/2011 -5- the First Class I, Hosdurg. If the petitioner does not have a Passport, an affidavit sworn to by them 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 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 B.A.No.9258/2011 -6- 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. ds