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. 10678 of 2011() ------------------------------ CRIME NO.1074/11 OF HOSDURG POLICE STATION, KASARAGOD .................... PETITIONERS/ACCUSED NOS.2 AND 14 ---------------------------------------------------- 1. SHEFEEQUE.M., S/O.HUSSAINAR, AGED 23 YEARS, SHEFEEQUE MANZIL, NEAR BAVAPPALLI, KALLURAVI, KANHANGAD VILLAGE. 2. K.K.AYOOB, S/O.MUHAMMED, AGED 23 YEARS, AYSHA MANZIL, NEAR KALLURAVI, KANHANGAD VILLAGE. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, HOSDURG POLICE STATION, KASARGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.R.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.10678 of 2011 --------------------------- Dated this the 23rd 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.2 and 14 in Crime No.1074 of 2011 of Hosdurg Police Station, Kasaragod District. 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 the PDPP Act. 3. The prosecution case is that on 11.10.2011 at 7.00 P.M., the accused persons formed an unlawful assembly, armed with deadly weapons and committed rioting, set fire to tyres and caused obstruction in the public road. When the police party reached the place, the accused pelted stones against them and beat the Assistant Sub Inspector of Police. The accused had also beaten the other police personnel with iron rods. Moreover, the accused set ablaze the police jeep after BA 10678/11 2 pouring some inflammable liquid. A loss of ` 1,50,000/- (Rupees One Lakh Fifty Thousand only) was caused to the Government by setting ablaze the police jeep. Formal arrest of the first petitioner was recorded on 16.11.2011. The second petitioner was arrested on 3.12.2011. They were remanded to judicial custody. 4. In Hemanth Kumar vs. Sub Inspector of Police (2011(4) KLT 288), it was held that in a case involving offence under the PDPP Act, the value of the article destroyed or even more should be directed to be deposited by the accused as a condition for granting bail. In the present case there are 17 accused. The loss assessed is ` 1,50,000/-. In the facts and circumstances, I am of the view that the petitioners can be directed to deposit a sum of ` 15,000/- as a condition for granting bail. 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 offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners. BA 10678/11 3 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-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 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; B) The petitioners shall surrender their passport before the court of the Judicial Magistrate of the First Class-I, Hosdurg. If the petitioners do not have passport, an affidavit sworn to by them to that effect shall be filed before the learned Magistrate; C) The petitioners shall report before the investigating officer between 9 A.M. and 11 BA 10678/11 4 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; D) The petitioners shall appear before the investigating officer for interrogation as and when required; E) 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