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. 9545 of 2011() ----------------------------- CMP.9204/2011 of J.M.F.C.-I,HOSDRUG CRIME NO.1110/2011 OF HOSDURG POLICE STATION .................... PETITIONERS/ACCUSED NOS.1 TO 3: ------------------------------- 1. SURJITH.S.K., AGED 23 YEARS, S/O.KATTADI KUMARAN, SUJITHALAYAM, KATTADI, AJANUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. 2. BINEESH.P., AGED 23 YEARS, S/O.BALAKRISHNAN, CHOYI NIVAS, KATTADI, AJANUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. 3. SANTHOSH, AGED 21 YEARS, S/O.SREEDHARAN, KATTADI HOUSE, KATTADI, KOLAVAYAL, AJANUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.A.ARUNKUMAR B.A.No.9545/2011 RESPONDENTS: --------------- 1. STATE - REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2. THE STATION HOUSE OFFICER HOSDURG POLICE STATION (CRIME NO.1110 OF 2011) HOSDURG, KASAZRGOD DISTRICT, PIN-671315. PUBLIC PROSECUTOR SRI.K.K.RAJEEV 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.9545 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 petitioners are accused Nos.1 to 3 in Crime No.1110 of 2011 of Hosdurg Police Station, Kasaragod District. 2. The offences alleged against the accused are under Sections 143, 147, 148, 427, 452 and 153-A read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 11/10/2011 between 4 P.M. And 7 P.M., the accused persons criminally trespassed into the auditorium belonging to the de facto complainant and destroyed the window panes, furniture and other articles, causing a loss of Rupees Fifteen lakhs to the de facto complainant. It is alleged that the accused were shouting slogans promoting enmity between different groups on the ground of religion. 4. The petitioners were arrested on 31/10/2011 and they were remanded to judicial custody. Bail Appln.No.9545/2011 : 2 : 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. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offences and the present stage of investigation, I am of the view that bail can be granted to the petitioners only with effect from 15/12/2011. 7. The petitioners shall be released on bail with effect from 15/12/2011 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 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 petitioners do not have a Passport, an affidavit sworn to by them to that effect shall be filed before the learned Magistrate; Bail Appln.No.9545/2011 : 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 skj