IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 Bail Appl..No. 9833 of 2011() ----------------------------- CRIME NO.20/2011 OF KASARAGOD RAILWAY POLICE STATION PETITIONERS/ACCUSED NO.3 & 4 ----------------------------------------------- 1. NITHEESH @ NITHU, S/O.SREEDHARAN, AGED 21 YEARS, K.K.HOUSE, NEAR DEVI NAGAR, KUMBALA P.O., KASARAGOD DISTRICT. 2. ANILKUMAR.K., S/O.JANARDHANAN, AGED 23 YEARS, KUNTANGAKARADUKKA HOUSE, KUMBALA P.O., KASARAGOD DISTRICT. BY ADV. SRI.V.A.SATHEESH RESPONDENT(S): COMPLAINANT -------------------------- STATE REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM, THROUGH S.H.O. KASARAGOD RAILWAY POLICE STATION, KASARAGOD DT. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9833 of 2011 --------------------------- Dated this the 2nd 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 petitioners are accused Nos.3 and 4 in Crime No.20 of 2011 of Kasaragod Railway Police Station. 2. The offences alleged against the petitioners are under Sections 455, 332 and 307 read with Section 34 of the Indian Penal Code, Section 3(2) of the PDPP Act and Section 146 of the Indian Railways Act. 3. The prosecution case is that on 8.9.2011 at 3.15 P.M., the accused persons were found in a drunken state in the Railway Platform of Kumbla Railway Station, Kasaragod. They had not taken platform tickets. The Station Master questioned the same. Infuriated by this, the accused persons trespassed into the Station Master's room, attacked the Station Master with BA 9833/11 2 iron rod and destroyed the records kept in the office of the Station Master. The Station Master sustained serious injuries on his head. 4. The petitioners were arrested on 9.9.2011 and they were remanded to judicial custody. 5. The learned Public Prosecutor submitted that accused No.4 is involved in four other criminal cases and his name is included in the goonda list. It is submitted that accused No.4 was a detenue under the Kerala Anti Social Activities (Prevention) Act. 6. In Hemanth Kumar vs. Sub Inspector of Police (2011(4) KLT 288), it was held that where an offence is alleged under the PDPP Act, the accused can be directed to be deposit the loss sustained to the State as a condition for granting bail. 7. Taking into account the fact that the petitioners are in judicial custody since 9.9.2011, I am inclined to grant bail to the petitioners on very stringent conditions. Since the public records BA 9833/11 3 were destroyed, the loss of which cannot be ascertained in terms of money, I am of the view that the petitioners should be directed to deposit ` 10,000/- (Rupees Ten Thousand only) each as a condition for granting bail. The petitioners shall be released on bail on their executing bond for ` 25,000/- (Rupees Twenty Five Thousand only) each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Kannur, subject to the following conditions: A) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, till the final report is filed or until further orders; B) The petitioners shall appear before the investigating officer for interrogation as and when required; C) The petitioners shall deposit a sum of ` 10,000/- (Rupees Ten Thousand only) each before the court of the Judicial Magistrate of the First Class-II, Kannur. The petitioners shall be released on bail only on such deposit. If the petitioners are acquitted finding that they are not guilty, they would be entitled to get refund of the amount. Otherwise, the amount would be at the disposal of the court trying the case; BA 9833/11 4 D) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; F) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; 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 csl