IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 19TH AUGUST 2011 / 28TH SRAVANA 1933 Bail Appl..No. 6590 of 2011() ----------------------------- CMP.5986/2011 of JUDICIAL FIRST CLASS MAGISTRATE COURT - I, HOSDRUG CRIME NO.750/2011 OF HOSDRUG POLICE STATION, KASARAGOD. .................... PETITIONERS/ACCUSED: --------------------------------------- 1. SALAM C.H., S/O.YUSAF, AGED 26 YEARS, CHIRAMMAL HOUSE, NEAR HOSDURG KADAPPURAM, HOSDURG VILLAGE. 2. SARFAD M., S/O.MOIDU, AGED 19 YEARS, MIYANATH HOUSE, KUSHAL NAGAR, HOSDURG VILLAGE. BY ADV. SRI.M.RAMESH CHANDER SRI.ANEESH JOSEPH RESPONDENT(S)/ STATE: -------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- B.A.NO.6590 OF 2011 ----------------------------------- Dated this the 19th day of August, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. 2. Petitioners are two among the accused (A1 and A2) in Crime No.750 of 2011 of Hosdrug Police Station registered for the offences punishable under Sections 341, 324, 308 read with Section 34 of the Indian Penal Code. 2. The allegation is that the accused in the aforesaid case, as members of the unlawful assembly, armed with deadly weapon, committed rioting at about 8.20 hours on 08.07.2011 at Kushal Nagar, and assaulted the de facto complainant while he was going to his work place in a scooter. Petitioners herein were arrested on 01.08.2011 and eversince they are in custody. The application is opposed by the learned Public prosecutor. B.A.No.6590/2011 2 3. Considering the facts and circumstances presented and taking note of the detention of the petitioners eversince their arrest, I find they can be released, at this stage, imposing conditions safeguarding smooth completion of the investigation of the crime. 4. Petitioners are directed to be enlarged on bail on their executing a bond for Rs.10,000/-, by each of them, with two solvent sureties for the like sum to the satisfaction of the Judicial First Class Magistrate Court, Hosdrug. Petitioners shall report before the investigating officer as and when directed for smooth completion of the investigation of the crime. They shall not intimidate or induce or make any attempt to influence any of the witnesses in any manner obstructing the fair completion of the investigation of the crime. With the above directions, the application is allowed. S.S.SATHEESACHANDRAN JUDGE prp B.A.No.6590/2011 3