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. 10495 of 2011() ------------------------------ AGAINST THE ORDER DATED 24/11/2011 IN ORDER IN CMP.9950/2011 of J.M.F.C.-I,HOSDRUG CRIME NO.1073 OF 2011 OF HOSDURG POLICE STATION, KASARAGOD DT. .................... PETITIONER/ACCUSED NO.5 ------------------------------------------- ISHAKH B., S/O.ISMAIL M., AGED 19 YEARS, IRFANA MANZIL, NEAR NAVODAYA CLUB, KANHANGAD KADAPPURAM, KANHANGAD VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, HOSDURG POLICE STATION, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 10495 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 accused No.5 in Crime No.1073 of 2011 of Hosdurg Police Station, Kasaragod District. 2.The offences alleged against the petitioner are under Sections 143, 147, 148 and 435 read with 149 of the Indian Penal Code. 3.The prosecution case is that on 11.10.2011, at 9.30 A.M, the accused persons formed themselves into an unlawful assembly, armed with deadly weapons, committed trespass into the house of the defacto complainant and set ablaze his scooter, causing a loss of `38,000/- . The petitioner was arrested on 18.11.2011 and he was remanded to judicial B.A.No. 10495 OF 2011 2 custody. 4.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 with effect from 31.12.2011. 5.The petitioner shall be released on bail only on 31.12.2011 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 is already seized by the police or if the petitioner does not have a Passport, an affidavit sworn to by the petitioner 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 B.A.No. 10495 OF 2011 3 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) The petitioner shall cooperate with the investigating officer in the matter of investigation. G) 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 cms