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. 9143 of 2011() ----------------------------- CMP.8907/2011 of J.M.F.C.-II,HOSDRUG CRIME NO.1055/2011 OF HOSDURG POLICE STATION .................... PETITIONER: -------------------- . MUHAMMED ASHIF, S/O.ABDULRAHIMAN, AGED 20 YEARS, ASEES MANZIL, BEHIND IQBAL HIGH SCHOOL, AJANUR VILLAGE. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): --------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, HOUSDURG POLICE STATION, KASARAGOD DIST, REP.BY THE PUBLIC PROSECUTOR, HGIH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.9143 of 2011 ---------------------------------------------- Dated this the 22nd day of November, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.4 in Crime No.1055 of 2011 of Hosdurg Police Station, Kasaragod District. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 452, 427, 308, 506(i) and 153-A read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 10/10/2011, the accused persons formed themselves into an unlawful assembly and trespassed into the house of the de facto complainant and destroyed articles, causing a loss of Rs.10,000/-. It is also alleged that they were shouting slogans promoting enmity between different groups on the ground of religion. 4. The petitioner was arrested on 24/10/2011. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offences and the present stage of Bail Appln.No.9143/2011 : 2 : investigation, I am of the view that bail can be granted to the petitioner only with effect from 07/12/2011. 6. The petitioner shall be released on bail with effect from 07/12/2011 on his executing bond for Rs.25,000/- (Rupees Twenty five thousand only) 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 petitioner shall surrender his 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 petitioner does not have a Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate; b) The petitioner 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; Bail Appln.No.9143/2011 : 3 : c) The petitioner shall appear before the investigating officer for interrogation as and when required; d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. e) The petitioner 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