IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 Bail Appl..No. 9952 of 2011() ----------------------------- CMP.9215/2011 of J.M.F.C.-I,HOSDRUG CRIME NO.1077/2011 OF HOSDURG POLICE STATION KASARAGOD .................... PETITIONERS : ACCUSED : ----------------------- 1. N.K.RAFEEQUE, S/O.ARABI, AGED 30 YEARS, KHAMARU BAITHUR AYSHA, BAVA NAGAR, KANHANGAD VILLAGE. 2. T.P.SADIQUE, S/O.MUSTHAFA HAJI, AGED 19 YEARS, T.P.HOUSE, MURIYANAVI, KANHANGAD. 3. V.ISHAK, S/O.ISMAIL, AGED 19 YEARS, IRFANA MANZIL, KANHANGAD, KADAPPURAM. 4. SHAFEEQUE M., S/O.HUSSAINAR, AGED 23 YEARS, SHAFEEQUE MANZIL, KANHANGAD KADAPPURAM, NEAR BAVAKKAPPALLY. 5. IRSHAD P., S/O.KUNHABDULLA, AGED 23 YEARS, NEAR BAVA NAGAR MOSQUE. 6. M.A.SHUHAIB, S/O.KUNHABDULLA, AGED 22 YEARS, KALLURAVI NORTH, KANHANGAD VILLAGE. 7. M.NISSAR, S/O.B.K.ABOOBACKER, AGED 21 YEARS, FARSANA MANZIL, MURIYANAVI, KANHANGAD VILLAGE. 8. T.P.KHAMARUDEEN, S/O.ISMAIL, AGED 19 YEARS, KANDAMKADAVU, AVIYIL, HOSDURG VILLAGE. BY ADV. SRI.SUNNY MATHEW B.A.No.9952/2011 RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, HOSDURG POLICE STATION, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.9952 of 2011 ---------------------------------------------- Dated this the 07th 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, 6, 7, 11, 12, 14 and 15 in Crime No.1077 of 2011 of Hosdurg Police Station, Kasaragod District. 2. The offences alleged against the accused are under Sections 143, 147, 148, 452, 324, 307, 436 and 153-A read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 11/10/2011 at 10 A.M., the accused persons armed with deadly weapons, formed themselves into an unlawful assembly and trespassed into the tailoring shop of the de facto complainant and set fire to three sewing machines and other articles in the shop, causing a loss of Rupees Three lakhs. The accused were allegedly shouting slogans promoting enmity between two groups of persons on the ground of religion. Thereafter they trespassed into the nearby house of the de facto complainant, broke open the door and attacked the elder brother of the de Bail Appln.No.9952/2011 : 2 : facto complainant with iron rod. When the de facto complainant attempted to prevent, he was also attacked with iron rod on his head, leg and shoulder. The accused also destroyed the household articles and they also attacked the womenfolk in the house. 4. The petitioners were arrested on 02/11/2011 and they were remanded to judicial custody. 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 offences and the present stage of investigation, I am of the view that bail can be granted to the petitioners only with effect from 26/12/2011. 6. The petitioners shall be released on bail with effect from 26/12/2011 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 Bail Appln.No.9952/2011 : 3 : 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; 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