IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 Bail Appl..No. 9468 of 2011 CRIME NO.1148 OF 2011 OF HOSDURG POLICE STATION, KASARAGOD. PETITIONER : ACCUSED 4: ------------------------------ SURESHBABU A., AGED 46 YEARS, S/O.HARIDAS M., ATHIKKAL HOUSE, KOTTILANGADU, RAVANESHWARAM, CHITHARI VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.A.ARUNKUMAR RESPONDENTS: COMPLAINANT -------------------------- 1. STATE-REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2. THE STATION HOUSE OFFICER, HOSDURG POLICE STATION, (CRIME NO.1148 OF 2011) HOSDURG, KASARAGOD DISTRICT-671 121. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9468 OF 2011 ------------------------------------------------------ Dated this the 23rd 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.4 in Crime No.1148 of 2011 of Hosdurg Police Station, Kasaragod District. 2. The offences alleged against the accused are under Sections 143, 147, 148, 323, 324 and 153A read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 11.10.2011 at 11.30 A.M., while the defacto complainant, a student of 10th standard, was returning home, he was attacked by the accused. The victim was directed to disclose his name and after realising that he is a Muslim, he was attacked. The accused shouted slogans to the effect that the Muslims have no right to stay in India and they should go to Pakistan. The petitioner was arrested on 19.10.2011 and he was remanded to judicial custody. BAIL APPL. NO.9468 OF 2011 :: 2 :: 4. In similar cases where Section 153A was involved, bail was granted after the accused remained in judicial custody for about 45 days. 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, however, only with effect from 2.12.2011. 6. The petitioner shall be released on bail only on 2.12.2011 on his executing bond for Rupees Twenty five thousand 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; BAIL APPL. NO.9468 OF 2011 :: 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 ahz/