IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 Bail Appl..No. 9528 of 2011() ----------------------------- CMP.8890/2011 of J.M.F.C.-I,HOSDRUG CRIME NO.1159/2011 OF HOSDURG POLICE STATION .................... PETITIONER/ACCUSED NO.4 : --------------------------- K.NARAYANAN, AGED 39 YEARS, S/O. KUNHIRAMAN, DIVYA NIVAS, MADIYAN, AJANUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.A.ARUNKUMAR RESPONDENTS: COMPLAINANT -------------------------- 1. STATE - REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, HOSDURG POLICE STATION, (CRIME NO.1159 OF 2011), HOSDURG, KASARAGOD DISTRICT-671 315. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.9528 of 2011 ---------------------------------------------- Dated this the 24th 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.1159 of 2011 of Hosdurg Police Station, Kasaragod District. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 448, 427 and 153-A read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 11/10/2011 at 11.15 A.M., the accused persons formed themselves into an unlawful assembly armed with deadly weapons and trespassed into the house of the de facto complainant and destroyed the window panes and other articles, causing loss to the de facto complainant. It is also alleged that the accused were shouting slogans promoting enmity between different groups on the ground of religion. 4. The petitioner was arrested on 22/10/2011. 5. The learned Public Prosecutor submitted that the petitioner is involved in five other crimes. Bail Appln.No.9528/2011 : 2 : 6. 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 investigation, I am of the view that bail can be granted to the petitioner only with effect from 06/12/2011. 7. The petitioner shall be released on bail with effect from 06/12/2011 on his executing bond for `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.9528/2011 : 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