IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 Bail Appl..No. 9122 of 2011() ----------------------------- CMP.8992/2011 of J.M.F.C.-I,HOSDRUG CRIME NO.1213/2011 OF HOSDURG POLICE STATION .................... PETITIONER: ACCUSED NO.5 : ---------------------------- SHEFEEQUE MUHAMMED, S/O. MUHAMMED, AGED 20 YEARS, KALICHAMARAM HOUSE, MUKHARIKKUNDU, KANHANGAD SOUTH, KANHANGAD VILLAGE. BY ADV. SRI.SUNNY MATHEW RESPONDENT: --------------- 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.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/11/2011, ALONG WITH BA NO. 9115 OF 2011 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------------- Bail Appln.Nos.9115 & 9122 of 2011 --------------------------------------------------- Dated this the 22nd day of November, 2011 ORDER These are applications for bail under Section 439 of the Code of Criminal Procedure. The petitioners in Bail Application No.9115 of 2011 are accused Nos.1 & 2 in Crime No.1213 of 2011 of Hosdurg Police Station, Kasaragod District. The petitioner in Bail Application No.9122 of 2011 is accused No.5 in that crime. 2. The offences alleged against the accused are under Sections 143, 147, 148, 323, 427, 308 and 153-A read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 24/10/2011 at 6.30 P.M., the accused persons formed themselves into an unlawful assembly and trespassed into the residential house of the de facto complainant and destroyed household articles and pelted stones, causing a loss of Rs.50,000/- to the de facto complainant. It is also alleged that they were shouting slogans promoting enmity between different groups on the ground of religion. Accused No.5 was arrested on 25/10/2011 and accused Nos.1 and 2 were arrested on 26/10/2011. Bail Appln.Nos.9115 & 9122/2011 : 2 : 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 offences and the present stage of investigation, I am of the view that bail can be granted to the petitioners only with effect from 09/12/2011. 5. The petitioners shall be released on bail with effect from 09/12/2011 on their executing bond for Rs.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 A.M. on all Mondays and Thursdays for a Bail Appln.Nos.9115 & 9122/2011 : 3 : 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