IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 Bail Appl..No. 9432 of 2011() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.8661/2011 Dated 25/10/2011 CMP.8560/2011 of J.M.F.C.-II,HOSDRUG Crime No.1061 of 2011 of Hosdurg Police Station, Kasaragod District. .................... PETITIONER/ACCUSED NO.2 ------------------------------------------- KUNHIKRISHNAN,AGED 28 YEARS, S/O.M.VENU, ARAMBADI HOUSE,HARIPURAM,PULLUR VILLAGE, KASARGOD DISTRICT. BY ADV. SMT.T.SUDHAMANI RESPONDENT(S): STATE -------------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY P.P.SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.9432 OF 2011 --------------------------------- Dated this the 22nd day of November , 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.1061 of 2011 of Hosdurg Police Station, Kasaragod District. 2.The offences alleged against the accused are under Sections 143, 147, 148, 153A, 332 and 308 read with Section 149 of the Indian Penal Code. 3.The prosecution case is that on 11.10.2011, the accused persons indulged in activities to incite communal violence, abused persons belonging to the other religion and when the police party interfered, they were prevented from discharging their duties. It is also alleged that the accused pelted stones towards the police and the other persons. B.A.No. 9432 OF 2011 2 4. The petitioner filed B.A.No.8661 of 2011, which was dismissed by the order dated 25th October, 2011. 5.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. 6.The petitioner shall be released on bail on his executing bond for `25,000/-(Rupees Twenty Five thousand only) 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 Passport is already seized by the police or if the petitioner does not have a Passport, an affidavit sworn to by the petitioner to that effect shall be filed before the learned Magistrate. B.A.No. 9432 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) The petitioner 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