IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 Bail Appl..No. 10503 of 2011() ------------------------------ CMP.10288/2011 of J.M.F.C.-I,HOSDRUG CRIME NO.1346/2011 OF HOSDURG POLICE STATION .................... PETITIONER/ACCUSED: ---------------------- K.K. ANEESH, S/O. KARATHAKUTTAN, AGED 26 YEARS, NILAMKARA, KANHANGAD SOUTH, KASARGOD. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT : STATE -------------------- STATION HOUSE OFFICER, HOSDURG POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.10503 of 2011 ---------------------------------------------- Dated this the 22nd day of December, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.1346 of 2011 of Hosdurg Police Station. 2. The offences alleged against the petitioner are under Sections 341, 323 and 153-A of the Indian Penal Code. 3. The prosecution case is that on 26/11/2011 at 9.30 P.M., the petitioner wrongfully restrained the de facto complainant and assaulted him only on account of communal enmity. It is alleged that the acts constituting the offence were done by the petitioner to cause communal disharmony between two different groups in the locality. It is alleged that the petitioner stated to the de facto complainant that no Muslim would be allowed to live in the locality. 4. The petitioner was arrested on 27/11/2011 and he was remanded to judicial custody. 5. In similar cases of communal clashes or incidents in Hosdurg area, bail was granted only after the expiry of about 45 days in judicial custody by the accused. Bail Appln.No.10503/2011 : 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 09/01/2012. 7. The petitioner shall be released on bail with effect from 09/01/2012 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; 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; Bail Appln.No.10503/2011 : 3 : 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 True copy P.A. to Judge