IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 Bail Appl..No. 9164 of 2011() -------------------------------------- CMP.6948/2011 of J.M.F.C.-II,HOSDRUG CRIME NO.653/2011 OF BEKAL POLICE STATION, KASARAGOD DISTRICT .................... PETITIONERS/ACCUSED : ----------------------------------- 1. MUHAMMED ASHIF U.K., AGED 21 YEARS, S/O.UMMER, KURUKKANKUNNU COLONY, KOOTTAPPUNNA, P.O.MAILATTY, KASARAGOD DISTRICT. 2. SREEKESH K., AGED 23 YEARS, S/O.UNNIKRISHNAN, KURUKKANKUNNU COLONY, KOOTTAPPUNNA, P.O.MAILATTY, KASARAGOD DISTRICT. BY ADV. SMT.T.SUDHAMANI RESPONDENT/COMPLAINANT : --------------------------------------------- THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ln K.T.SANKARAN, J. --------------------------------- B.A.No.9164 OF 2011 --------------------------------- Dated this the 11th day of November, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.653 of 2011 of Bekal Police Station, Kasaragod District. 2.The offences alleged against the petitioners are under Sections 451, 436 and 427 read with 34 of the Indian Penal Code. 3.The prosecution case is that on 23.10.2011, during night, the accused forcibly entered into Priyadharshini Kala Kendra and set fire to the sports articles kept there, causing a loss of Rs.25,000/-. 4. The petitioners were arrested on 25.10.2011 and B.A.No. 9164 OF 2011 2 they were remanded to judicial custody. 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. 6. 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-II, Hosdurg, subject to the following conditions: A) 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 two months and thereafter on all Mondays, till the final report is filed or until further orders. B) The petitioners shall appear before the investigating officer for interrogation as and when required; C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. B.A.No. 9164 OF 2011 3 D) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. E) The petitioners shall cooperate with the investigating officer in the matter of investigation. 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 cms