IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 Bail Appl..No. 8516 of 2011() ----------------------------- Crime No.546 of 2011 of Kunnamangalam Police Station, Kozhikode District PETITIONERS/ACCUSED: ------------------------------ 1. MAHESH ,S/O.SANKUNNI NAIR, AYINGATTIRA HOUSE, THEKKE MELEDATH ROAD, PERINGOLAM, KOZHIKODE DISTRICT 2. SHIBU,S/O.KUMARAN NAIR, KARUVARAPATTA HOUSE, MURIYANAL, KUNNAMANGALAM,KOZHIKODE DIST 3. NIGIL, S/O.GOPALAN, AMBALAPARAMBIL HOUSE, PATHIMANGALAM, KUNNAMANGALAM 4. RAJESH , D/O.VASU,MATTUMMAL HOUSE, VELLANNUR ,KOZHIKODE BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE, KUNNAMANGALAM POLICE STATION, KOZHIKODE-673660 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY P.P.SRI.T.K.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 8516 OF 2011 --------------------------------- Dated this the 21st day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 4 in Crime No.546 of 2011 of Kunnamangalam Police Station, Kozhikode District. 2.The offences alleged against the petitioners are under Sections 143, 147, 148 and 427 read with 149 of the Indian Penal Code and Section 3(1) of the Prevention of Damage to Public Property Act . 3.The prosecution case is that on 20.9.2011 at 7.40 P.M, the accused formed themselves into an unlawful assembly and caused damage to a jeep belonging to Geological Survey of India, causing a loss of Rs.10,000/-. It is alleged that the accused and others were conducting a protest B.A.No. 8516 OF 2011 2 march protesting to the lathi charge made by the police in Kozhikode on the same day morning. 4. Accused No.1 was arrested on 21.9.2011 and accused Nos. 2 to 4 were arrested on 26.9.2011. 5. In Hemanth Kumar v. Sub Inspector of Police (2001(4) KLT 288), it was held that in cases where public property is destroyed, the value of the same or even more should be directed to be deposited by the accused as a condition for granting bail to them. 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 offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners on stringent conditions. 7.The petitioners shall be released on bail on their executing bond for Rs.25,000/- (Rupees Twenty Five thousand only) each with two solvent sureties for the like B.A.No. 8516 OF 2011 3 amount to the satisfaction of the Judicial Magistrate of the First Class, Kunnamangalam, subject to the following conditions: A) The petitioners shall together deposit a sum of Rs.15,000/-(Rupees Fifteen thousand only) before the Court of the Judicial Magistrate of the First Class, Kunnamangalam. The petitioners shall be released on bail only on such deposit. If the petitioners were to be acquitted finding that they are not guilty, they would be entitled to get refund of the amount. Otherwise, the amount would be at the disposal of the court trying the case. B) The petitioners shall report before the investigating officer between 9 A.M and 11 A.M on alternate Sundays, 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. B.A.No. 8516 OF 2011 4 The Bail Application is allowed as above. K.T.SANKARAN, JUDGE cms