IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 21ST DECEMBER 2011/30TH AGRAHAYANA 1933 Bail Appl..No. 10467 of 2011() ------------------------------ CMP.9700/2011 of J.M.F.C.-I,HOSDRUG CRIME NO.1074/2011 OF HOSDURG POLICE STATION .................... PETITIONER:ACCUSED: -------------------- ALI @ MUHAMMEDALI K.K, S/O.MUHAMMED, AGED 22 YEARS,KAKKATTU HOUSE,KALLURAVI, KANHANGAD VILLAGE, KASARGOD DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT: --------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, HOSDURG POLICE STATION, KASARGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSEUCOTR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/12/2011, ALONG WITH B.A.No.10469/2011 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------------------- Bail Appln.Nos.10467 & 10469 of 2011 ----------------------------------------------------- Dated this the 21st day of December, 2011 ORDER These are Bail Applications filed under Section 439 of the Code of Criminal Procedure by some of the accused in Crime No.1074 of 2011 of Hosdurg Police Station. In Bail Application No.10467 of 2011, the petitioner is accused No.1, while in Bail Application No.10469 of 2011, the petitioners are accused Nos.8, 9, 12, 16 and 17. 2. The offences alleged against the accused are under Sections 143, 147, 148, 283, 332 and 307 read with Section 149 of the Indian Penal Code and Section 3(1) of P.D.P.P. Act. 3. The prosecution case is the following.- On 11/10/2011 at 19 hours, the accused persons formed themselves into an unlawful assembly armed with deadly weapons and obstructed public road by setting fire to tyres. They pelted stones towards the police personnel and beat them with iron rods. The accused set ablaze the police jeep, causing a loss of `1,50,000/- to the State. 4. The petitioners were arrested on 15/11/2011. Bail Appln.Nos.10467 & 10469/2011 : 2 : 5. In Hemanth Kumar Vs. Sub Inspector of Police (2011(4)KLT288) and in Hemachandran Vs. Sub Inspector of Police (2011 (4) KLT 841), it was held that in cases where public property is destroyed, the value of the same or even more should be directed to be deposited by the accused as a condition for granting bail to them. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offences and the present stage of investigation, I am of the view that bail can be granted to the petitioners only with effect from 29/12/2011. 7. The petitioners shall be released on bail with effect from 29/12/2011 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-I, Hosdurg, subject to the following conditions:- A) The petitioners shall deposit a sum of `15,000/- (Rupees Fifteen thousand only) each before the Court of the Judicial Magistrate of the First Class-I, Hosdurg. The petitioners shall be released on bail only on such deposit. If the petitioners were to be 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. Bail Appln.Nos.10467 & 10469/2011 : 3 : B) The petitioners shall report before the investigating officer between 9 A.M and 11 A.M on all Mondays, till the final report is filed or until further orders. C) The petitioners shall appear before the investigating officer for interrogation as and when required; D) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioners 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 Applications are allowed as above. K.T.SANKARAN, JUDGE skj