IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 Bail Appl..No. 10221 of 2011() ------------------------------ AGAINST THE ORDER DATED 10/11/2011 IN ORDER IN CMP.9396/2011 of J.M.F.C.-I,HOSDRUG CRIME NO.1132 OF 2011 OF HOSDURG POLICE STATION, KASARAGOD DT. .................... PETITIONERS/ACCUSED --------------------------------------- 1. K.SUNIL @ MOTTA SUNIL, S/O.KUNHIRAMAN, AGED 29 YEARS, NEAR THOUFEEQUE MILL, MURIYANAVI, KANHANGAD VILLAGE, KASARAGOD DISTRICT. 2. T.P.SHIJU, S/O.KUNHAMBU, AGED 25 YEARS, LULU QUARTERS, MURIYANAVI, KANHANGAD VILLAGE, KASARAGOD DISTRICT. 3. N.NARAYANAN, S/O.KUNHIKANNAN, AGED 45 YEARS, NAYICHERY HOUSE, BEHIND GEETHA HOTEL, MURUIYANAVI, KANHANGAD VILLAGE, KASARAGOD DISTRICT. 4. P.AJITHKUMAR @ AJITH, S/O.K.P.KRISHNAN, AGED 29 YEARS, ASHWATHI NIVAS, OPP. THOUFEEQUE MILL, MURIYANAVI, KANHANGAD VILLAGE, KASARAGOD DISTRICT. 5. V.AJITH, S/O.ASHOKAN, AGED 25 YEARS, KALLURAVI HOUSE, NEAR MUTHAPPANTHARA TEMPLE, KANHANGAD VILLAGE, KANHANGAD SOUTH P.O., KASARAGOD DISTRICT. 6. N.RATHEESH, S/O.UDAYAN, AGED 25 YEARS, NEAR THOUFEEQUE MILL, MURIYANAVI, KANHANGAD VILLAGE, KASARAGOD DISTRICT. Bail Appl..No. 10221 of 2011() 7. T.RAJESH @ MOOPAN RAJESH, S/O.BALAKRISHNAN, AGED 28 YEARS, NEAR THOUFEEQUE MILL, MURIYANAVI, KANHANGAD, KASARAGOD DISTRICT. 8. K.SHARATH, S/O.SURENDRAN, AGED 22 YEARS, KUNDAMKADAVU HOUSE, AVIYIL, HOSDURG VILLAGE, KANHANGAD P.O., KASARAGOD DISTRICT. 9. V.N.ANILKUMAR @ ANIL, S/O.VASUDEVAN, AGED 25 YEARS, KUNNARUVATHU HOUSE, NEAR PODIKKALAM TEMPLE, KANHANGAD VILLAGE, KASARAGOD DISTRICT. 10. P.LIJESH @ LIJI, S/O.NARAYANAN, AGED 27 YEARS, PODIKKALAM, NEAR PODIKKALAM ASLAM, MURIYANAVI, KANHANGAD VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.A.ARUNKUMAR RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. 2. THE STATION HOUSE OFFICER, HOSDURG POLICE STATION, (CRIME NO.1132/2011), H0SDURG, KASARAGOD DISTRICT-671315. BY P.P.SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 10221 OF 2011 --------------------------------- Dated this the 14th 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. 1, 5, and 8 to 15 in Crime No.1132 of 2011 of Hosdurg Police Station, Kasaragod District. 2.The offences alleged against the petitioners are under Sections 143, 147, 148, 448, 427, 506(ii) and 153-A read with 149 of the Indian Penal Code. 3. The prosecution case is that on 11.10.2011 at 10 A.M, the accused persons formed themselves into an unlawful assembly, armed with deadly weapons and trespassed into the house of the defacto complainant, and destroyed the window panes, furniture etc., causing a loss of Rs.50,000/-. It is also alleged that the accused persons shouted slogans, promoting enmity between two groups of B.A.No.10221 OF 2011 2 persons on the ground of religion. The petitioners were arrested on 4.11.2011 and they were remanded to judicial custody. 4.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 with effect from 17.12.2011. 5.The petitioners shall be released on bail only on 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 Passports before the Court of the Judicial Magistrate of the First Class-I, Hosdurg. If the Passport is already seized by the police or if the petitioners do not have Passport, an affidavit sworn to by the petitioners to that effect shall be filed before the learned Magistrate; B) The petitioners shall report before the B.A.No.10221 OF 2011 3 investigating officer between 9 A.M and 11 A.M on all Mondays and Thursdays for a period of two months, 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) The petitioners shall cooperate with the investigating officer in the matter of investigation. G) 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 cms