IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 19TH AUGUST 2011 / 28TH SRAVANA 1933 Bail Appl..No. 6586 of 2011() ----------------------------- CMP.5987/2011 of JUDICIAL FIRST CLASS MAGISTRATE COURT - I, HOSDRUG CRIME NO.791/2011 OF HOSDRUG POLICE STATION .................... PETITIONERS/ACCUSED: ---------------------------------------- 1. UMMER C.K., S/O.KRISHNAN, AGE 34 YEARS, HOSDURG, KADAPPURAM, NEAR HOSDURG MASJID. 2. SHAMSU.H.K., S/O.C.H.IBRAHIM, AGED 30 YEARS, BUSHRA MANZIL, HOSDURG KADAPPURAM. 3. RASHID H.K., S/O.C.H.IBRAHIM, AGED 21 YEARS, BUSHRA MANZIL, HOSDURG KARAPPURAM, HOSDURG VILLAGE. 4. MANAF.K., S/O.MOIDU.K., AGED 27 YEARS, MANAF MANZIL, HOSDURG KADAPPURAM, NEAR BADARIYA MASJID. BY ADV. SRI.M.RAMESH CHANDER SRI.ANEESH JOSEPH RESPONDENT(S)/STATE: --------------------- STATE OF KERALA, REPRESENTED BY REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- B.A.NO.6586 OF 2011 ----------------------------------- Dated this the 19th day of August, 2011 O R D E R Petitioners are accused Nos.1 to 4 in Crime No.791 of 2011 of Hosdrug Police station registered for the offences punishable under Sections 341, 447, 323, 324 and 308 read with Section 34 of the Indian Penal Code. 2. The gist of the prosecution case is that these petitioners along with another (A5), forming themselves into an unlawful assembly, armed with deadly weapons committed trespass upon a residential building of the de facto complainant, and in the course of such activities, one among the accused is alleged to have beaten the de facto complainant with an iron rod. The de facto complainant had evaded that blow from the deadly weapon, but for which, the accused would have been made answerable for the offence of murder. The arrest of the accused was on 01.08.2011 and their continued detention thereafter is B.A.No.6586/2011 2 canvassed by the counsel to seek their enlargement on bail. The application is opposed by the learned Public prosecutor submitting that the petitioners 1 and 2 (A1 and A2) are involved in another serious crime, in which, the offence under Section 153A, that is, inciting of communal disharmony and, thereby, affecting the public peace and tranquility, apart from other grave offences is still under investigation. It is a communal sensitive area where previously serious communal clashes giving rise to major law and problems have arisen, is the further submission of the learned public prosecutor as to why bail should not be granted to the petitioners, the accused in the present case, at this stage. However, it is fairly conceded that as against petitioners 3 and 4 their involvement in any major offence, has not even disclosed so far. 3. With respect to petitioners 3 and 4 having regard to their detention for more than two years, they can be released at this stage subject to conditions. As far as petitioners 1 and 2, at this stage, having regard to their alleged antecedents which need not be doubted for the time being, I find, bail cannot be granted to them at this stage. B.A.No.6586/2011 3 4. Petitioners 3 and 4 are directed to be enlarged on bail on such petitioners, each of them, executing a bond for Rs.15,000/- with two solvent sureties for the like sum, by each of them, to the satisfaction of the Judicial First Class Magistrate Court - I, Hosdrug. The above said petitioners 3 and 4 (A3 and A4) shall report before the investigating officer on every Monday at a time between 10 a.m. to 12 noon for a period of eight weeks from the date of their release or till the completion of the investigation of the crime, which ever is earlier. They shall not leave the jurisdiction of the Kasaragod District without obtaining prior permission from the investigating officer for a period of four months. Bail is declined to petitioners 1 and 2, and granted to petitioners 3 and 4 as indicated above. S.S.SATHEESACHANDRAN JUDGE prp B.A.No.6586/2011 4