IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 Bail Appl..No. 10656 of 2011() ------------------------------ CMP.10334/2011 of J.M.F.C.-I,HOSDRUG CRIME NO.1117/2011 OF HOSDURG POLICE STATION .................... PETITIONERS/ACCUSED NOS.1,4,13 AND 7 : --------------------------------------- 1. RAFEEQUE N.K., S/O.ARABI.M., AGED 35 YEARS, BAITHUL AYSHA HOUSE, BAVA NAGAR, KANHANGAD VILLAGE. 2. SHUHAIB M.A., S/O.BAPPAN KUNHABDULLA, AGED 22 YEARS, M.A.HOUSE, KUNDATHODU, KALLURAVI, KANHANGAD. 3. SADIQUE T.P., S/O.MUSTHAFA HAJI, AGED 19 YEARS, T.P.HOUSE, MURIYANAVI, KANHANGAD VILLAGE. 4. SHAFEEQUE M., S/O.HUSSAINAR, AGED 23 YEARS, SHAFEEQUE MANZIL, NEAR BAVAPPALLI, KANHANGAD VILLAGE. BY ADV. SRI.SUNNY MATHEW RESPONDENT: 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. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.10656 of 2011 ---------------------------------------------- Dated this the 23rd day of December, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1, 4, 13 and 7 in Crime No.1117 of 2011 of Hosdurg Police Station, Kasaragod District. 2. The offences alleged against the accused are under Sections 143, 147, 148, 452, 427 and 436 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 11/10/2011 at 11 A.M., the accused persons formed themselves into an unlawful assembly armed with deadly weapons and criminally trespassed into the Friends Arts and Sports Club and they destroyed the television, furniture and other articles and set fire to them, causing a loss of `7,343/- to the de facto complainant. 4. The learned counsel for the petitioners submitted that the petitioners were arrested in another case on 02/11/2011 and their formal arrest was recorded in the present case on 18/11/2011. Bail Appln.No.10656/2011 : 2 : 5. 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 26/12/2011. 6. The petitioners shall be released on bail with effect from 26/12/2011 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 surrender their Passports before the Court of the Judicial Magistrate of the First Class-I, Hosdurg. If the Passport was seized by the police or if the petitioners do not have Passport, an affidavit sworn to by them to that effect shall be filed before the learned Magistrate; b) The petitioners 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 petitioners shall appear before the investigating officer for interrogation as and when required; Bail Appln.No.10656/2011 : 3 : 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 Application is allowed as above. K.T.SANKARAN, JUDGE skj True copy P.A. to Judge