IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 Bail Appl..No. 9051 of 2011 CRIME NO.1091 OF 2011 OF HOSDURG POLICE STATION, KASARAGOD. PETITIONERS/ACCUSED NOS.8 AND 9 --------------------------------------------------- 1. C.SHIBIRAJ,AGED 23 YEARS,(A8) S/O.RAJAN, NEAR YUVADHARA CLUB, CHEMMATTAMVAYAL, BALLA VILLAGE. 2. A.K.BAIJU, AGED 23 YEARS,(A9), S/O.KANNAN, ADABIL, NEAR SHASTHA TEMPLE, BALLA VILLAGE. BY ADV. SRI.T.K.VIPINDAS RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM REPRESENTING,S.H.O.HOSDURG POLICE STATION, KASARAGOD DISTRICT. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9051 OF 2011 ------------------------------------------------------ Dated this the 8th 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 petitioners are accused Nos.8 and 9 in Crime No.1091 of 2011 of Hosdurg Police Station, Kasaragod District. 2. The offences alleged against the accused are under Sections 143, 147, 148, 427 and 153A read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 11.10.2011 at 9 P.M., the accused persons formed into an unlawful assembly, gathered with deadly weapons and committed rioting. It is also alleged that they pelted stones at a mosque and thereby promoted enmity between two communities. The petitioners were arrested, according to them, on 11.10.2011 and according to the prosecution, on 14.10.2011. The petitioners were remanded to judicial custody on 14.10.2011. BAIL APPL. NO.9051 OF 2011 :: 2 :: 4. Heard the learned counsel for the petitioners 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 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, however, only with effect from 26.11.2011. 6. The petitioners shall be released on bail only on 26.11.2011 on their executing bond for Rupees Twenty five thousand 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 petitioners do not have any Passport, an affidavit sworn to by them to that effect shall be filed before the learned Magistrate; 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; BAIL APPL. NO.9051 OF 2011 :: 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 ahz/