IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 Bail Appl..No. 10494 of 2011() ------------------------------ AGAINST THE ORDER DATED 24/11/2011 IN ORDER IN CMP.9952/2011 of J.M.F.C.-I,HOSDRUG CRIME NO.1076 OF 2011 OF HOSDURG POLICE STATION .................... PETITIONER/ACCUSED NOS.2 AND 3 -------------------------------------------------- 1. N.K.RAFEEQUE, S/O.M.ARABI, AGED 35 YEARS, BAITHUR AYSHA, KHAMARUNISA MANZIL, NEAR BAVAPPALLI, KANHANGAD VILLAGE. 2. KHAMARUDEEN T.P., S/O.ISMAIL, AGED 19 YEARS, KANDAMKADAVU, AVIYIL, KANHANGAD VILLAGE. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): 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. BY P.P.SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 10494 OF 2011 --------------------------------- Dated this the 22nd 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. 2 and 3 in Crime No.1076 of 2011 of Hosdurg Police Station, Kasaragod District. 2.The offences alleged against the petitioners are under Sections 143, 147, 148, 324, 447, 506(ii) and 153-A read with 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 committed rioting and they trespassed into the house of the defacto complainant, pelted stones and threatened to kill the defacto complainant. It is alleged that the accused destroyed the B.A.No. 10494 OF 2011 2 window panes and household articles and also the windshield glass of the autorickshaw of the defacto complainant, causing a loss of `4,954/- . The accused persons shouted slogans to promote enmity between two groups of persons on the ground of religion. The petitioners were arrested on 18.11.2011 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 with effect from 31.12.2011. 5.The petitioners shall be released on bail only on 31.12.2011 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 Passports are already seized by the B.A.No. 10494 OF 2011 3 police or if the petitioners do not have Passport, an affidavit sworn to by the petitioners 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; 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) The petitioners shall cooperate with the investigating officer in the matter of investigation. 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 cms