IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 Bail Appl..No. 10164 of 2011() ------------------------------ CMP.9390/2011 of J.M.F.C.-I,HOSDRUG CRIME NO.1063/2011 OF HOSDURG POLICE STATION .................... PETITIONERS/ACCUSED : --------------------------------------- 1. P.V.RAJEEVAN @ MANIKUTTAN, AGED 24 YEARS, S/O.CHINTHAMANI, RANJITH NIVAS, MURIYANAVI, KANHANGAD VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. 2. RAJESH T. @ MOPPAN RAJESH, AGED 28 YEARS, S/O.NALAKRISHNAN. T., MURIYANAVI HOUSE, MURIYANAVI, KANHANGAD VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.A.ARUNKUMAR RESPONDENTS: COMPLAINANT/STATE -------------------------------- 1. STATE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, HOSDURG POLICE STATION, (CRIME NO.1063 OF 2011), HOSDURG, KASARAGOD DISTRICT, PIN-671315. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.10164 of 2011 ---------------------------------------------- Dated this the 13th day of December, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.5 and 6 in Crime No.1063 of 2011 of Hosdurg Police Station, Kasaragod District. 2. The offences alleged against the accused are under Sections 143, 147, 148, 448, 427 and 153-A read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 11/10/2011 at 12.15 P.M., the accused persons formed themselves into an unlawful assembly armed with deadly weapons and criminally trespassed into the house of the de facto complainant and smashed the window panes and destroyed the washing machine and pipes, causing a loss of `50,000/-. It is also alleged that the accused persons were shouting slogans promoting enmity between two groups on the ground of religion. 4. The petitioners were arrested on 04/11/2011. Bail Appln.No.10164/2011 : 2 : 5. The learned Public Prosecutor submitted that the petitioners are involved in several other cases. 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 17/12/2011. 7. The petitioners shall be released on bail with effect from 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 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; b) The petitioners shall report before the investigating officer between 9 A.M. and 11 Bail Appln.No.10164/2011 : 3 : 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