IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 Bail Appl..No. 9885 of 2011 CRIME NO.1190 OF 2011 OF HOSDURG POLICE STATION, KASARAGOD. PETITIONER/6TH ACCUSED ------------------------------------------ SOORAJ.B., S/O.RAJAN, AGED 22 YEARS, PARU NIVAS, AJANOOR KADAPPURAM, AJANOOR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT: STATE -------------------- THE STATE OF KERALA THROUGH THE STATION HOUSE OFFICER, HOSDURG POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. PUBLIC PROSECUROT SMT.HYMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9885 OF 2011 ------------------------------------------------------ Dated this the 6th day of December, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.6 in Crime No.1190 of 2011 of Hosdurg Police Station, Kasaragod District. 2. The offences alleged against the accused are under Sections 143, 147, 148, 427, 452 and 153A read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 11.10.2011 at 2 P.M., the accused persons and about two hundred identifiable persons formed themselves into an unlawful assembly armed with deadly weapons and committed trespass into the office of the Muslim Youth League and destroyed the office and furniture therein. The petitioner was arrested on 14.11.2011 and he was remanded to judicial custody. 4. On 10.10.2011, 11.10.2011 and 12.10.2011, several BAIL APPL. NO.9885 OF 2011 :: 2 :: incidents took place in Hosdurg Taluk, where persons belonging to two different communities committed similar offences at the residences of several persons. Learned Public Prosecutor submitted that about 140 crimes were registered, in most of which, offence under Section 153A of the Indian Penal Code was also alleged. In all the cases where Bail Applications came up for hearing before this Court, bail was granted only after completing about 45 days in judicial custody by the accused concerned. 5. The petitioner was arrested on 14.11.2011. Applying the 45 days' period rule, the petitioner would be entitled to get bail with effect from 28.12.2011. 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 offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner, however, only with effect from 28.12.2011. 7. The petitioner shall be released on bail only on 28.12.2011 on his executing bond for Rupees Twenty five thousand with two BAIL APPL. NO.9885 OF 2011 :: 3 :: 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 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; 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 ahz/