IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 Bail Appl..No. 8420 of 2011 CRIME NO.417 OF 2011 OF NADAPURAM POLICE STATION, KOZHIKODE PETITIONERS/ACCUSED NOS.1 AND 2: --------------------------------------- 1. DINESAN, S/O.KUMARAN, RESIDING AT AMBROLI HOUSE, VARIKKOLI, KALLACHI, KOZHIKODE-673 504. 2. BINU, S/O.POKKAN, MATTOL HOUSE, VARIKKOLI, KALLACHI, KOZHIKODE-673 504. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: COMPLAINANT/STATE -------------------------------- 1. SUB INSPECTOR OF POLICE, NADAPURAM, KOZHIKODE-673504. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682031. PUBLIC PROSECUTOR SRI.T.R.RANJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8420 OF 2011 ------------------------------------------------------ Dated this the 19th day of October, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. It is stated that the petitioners are accused Nos.1 and 2 in Crime No.417 of 2011 of Nadapuram Police Station, Kozhikode District. 2. The offences alleged against the accused are under Sections 341, 323, 324 and 153(A) read with Section 34 of the Indian Penal Code and Section 4 of the Explosive Substances Act. 3. The prosecution case is that on 23.8.2011, the accused persons restrained the de facto complainant and his friend, with an object of assaulting them and with the knowledge that it would cause communal disharmony and clashes in the locality, and inflicted injuries on the de facto complainant. It is also alleged that the accused hurled a bomb at the scene of occurrence. The petitioners BAIL APPL. NO.8420 OF 2011 :: 2 :: surrendered before the Court on 20.9.2011 and they were remanded to judicial custody. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners, however, only with effect from 4.11.2011. 5. The petitioners shall be released on bail only on 4.11.2011 on their executing bond for Rupees Twenty five thousand each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Nadapuram, 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 for a period of two months and thereafter, on all Mondays, 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; BAIL APPL. NO.8420 OF 2011 :: 3 :: c) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; e) 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 ahz/