IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 Bail Appl..No. 9052 of 2011 CRIME NO.1092 OF 2011 OF HOSDURG POLICE STATION, KASARAGOD. PETITIONER/IST ACCUSED ------------------------------------------ MAHESH C.V., AGED 27 YEARS, S/O.KUNHAMBU K.V., KOLAVAYAL HOUSE, NEAR V-ONE CLUB, KOLAVAYAL, AJANUR VILLAGE. BY ADV. SRI.T.K.VIPINDAS RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING S.H.O. HOSDURG POLICE STATION, KASARAGOD DISTRICT. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9052 OF 2011 ------------------------------------------------------ Dated this the 8th day of November, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.1092 of 2011 of Hosdurg Police Station, Kasaragod District. 2. The offences alleged against the accused are under Sections 143, 147, 148, 427, 332 and 153A of the Indian Penal Code. 3. The prosecution case is that on 12.10.2011 at 7.35 P.M., about 100 persons belonging to a community committed rioting at the railway track and pelted stones at the houses belonging to another community. When the police party intervened, the accused pelted stones towards the police. In order to control the situation, nine grenades were used and five rounds of rubber bullets were fired by the police. BAIL APPL. NO.9052 OF 2011 :: 2 :: 4. The petitioner was arrested on 13.10.2011 and he was remanded to judicial custody. The case of the petitioner is that he was falsely implicated in the case. 5. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner, however, only with effect from 25.11.2011. 7. The petitioner shall be released on bail only on 25.11.2011 on his executing bond for Rupees Twenty five thousand 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 petitioner shall surrender his Passport before the Court of the Judicial Magistrate of the First Class I, Hosdurg. If the petitioner does not have a Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate; BAIL APPL. NO.9052 OF 2011 :: 3 :: b) The petitioner 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 petitioner shall appear before the investigating officer for interrogation as and when required; d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioner 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 ahz/