IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 Bail Appl..No. 9503 of 2011() ----------------------------- CMP.8882/2011 of J.M.F.C.-I,HOSDRUG Crime No.1169 of 2011 of Hosdurg Police Station. .................... PETITIONER/ACCUSED NO.10: ---------------------------------------------- K.NARAYANAN, AGED 39 YEARS, S/O.KUNHIRAMAN, DIVYA NIVAS, MADIYAN, AJANUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.A.ARUNKUMAR RESPONDENT(S): COMPLAINANT: --------------------------- 1. STATE-REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, HOSDURG POLICE STATION (CRIME NO.1169 OF 2011) HOSDURG, KASARAGOD DISTRICT, PIN-671 315. BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/11/2011, A/W.BA NO.9504/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------------- B.A.No. 9503 & 9504 OF 2011 ---------------------------------------------------- Dated this the 29th day of November , 2011 ORDER The petitioner in these Bail Applications is the same person and therefore, the Bail Applications are being considered and disposed of by a common order. The Bail Applications are filed under Section 439 of the Code of Criminal Procedure. 2. The petitioner in B.A.No.9503 of 2011 is accused No.10 in Crime No.1169 of 2011 of Hosdurg Police Station. The offences alleged are under Sections 143, 147, 148, 452, 427, 294(b) and 153A read with 149 of the Indian Penal Code. 3. The allegation is that on 11.10.2011 at 12.30 hours, the accused persons, 17 in number, along with identifiable persons, armed with deadly weapons, trespassed into the house of the defacto complainant and destroyed the window B.A.Nos. 9503 & 9504 OF 2011 OF 2011 2 panes, doors, furniture and a motor bike, causing a loss of Rs.5 lakhs to the defacto complainant. It is alleged that the accused were shouting slogans promoting enmity between two groups on the ground of religion. The petitioner was arrested on 22.10.2011 and he was remanded to judicial custody. It is submitted by the learned Public Prosecutor that the petitioner is involved in several other crimes. 4. The allegation in Crime No.1146 of 2011 is that on 11.10.2011, at 12 noon, the accused trespassed into the house of the defacto complainant and destroyed the window panes, chairs and tables and a scooter. They also threatened the women folk in the house that they would be set ablaze. The learned Public Prosecutor submitted that the petitioner is involved in several other crimes. The petitioner was arrested on 22.10.2011. 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 B.A.Nos. 9503 & 9504 OF 2011 OF 2011 3 petitioner with effect from 6.12.2011. 6.The petitioner shall be released on bail on his executing bond for `25,000/- (Rupees Twenty Five thousand only) in each case with two solvent sureties each 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) 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 two months, 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 B.A.Nos. 9503 & 9504 OF 2011 OF 2011 4 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