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. 10553 of 2011() ------------------------------ CRIME NO.1164/2011 OF HOSDURG POLICE STATION PETITIONERS : ACCUSED NOS.1,4, 5,6, 7 AND 8 ------------------------------------------ 1. T.RAJESH @MOOPPAN RAJESH, S/O.BALAKRISHNAN, AGED 28 YEARS, NEAR THOUFEEQUE MILL, MURIYANAVI, KANHANGAD, KASARAGOD DISTRICT. 2. K.NISHANTH, AGED 26 YEARS, S/O.KUMARAN,KUNHIPURAYIL HOUSE, MURIYANAVI, KANHANGAD, KASARAGOD DISTRICT. 3. K.SUNIL @ MOTTA SUNIL, S/O.KUNHIRAMAN, AGED 29 YEARS, NEAR THOUFEEQUE MILL, MURIYANAVI, KANHANGAD VILLAGE,KASARAGOD DISTRICT. 4. N.NARAYANAN, S/O.KUNHIKANNAN, AGED 45 YEARS, NAYICHERY HOUSE, BEHIND GEETHA HOTEL, MURIYANAVI, KANHANGAD VILLAGE,KASARAGOD DISTRICT. 5. T.P.SHIJU, S/O.KUNHAMBU, AGED 25 YEARS, LULU QUARTERS, MURIYANAVI, KANHANGAD VILLAGE, KASARAGOD DISTRICT. 6. K.SHARATH, S/O.SURENDRAN, AGED 22 YEARS, KANDAMKADAVU HOUSE, AVIYIL, HOSDURG VILLAGE, KANHANGAD P.O.,KASARAGOD DISTRICT. BY ADV. SRI.A.ARUNKUMAR B.A.No.10553/2011 RESPONDENTS: COMPLAINANT/STATE. --------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PIN-682 031. 2. THE STATION HOUSE OFFICER, HOSDURG POLICE STATION, (CRIME NO.1164/2011), HOSDURG, KASARAGOD DISTRICT-671 315. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.10553 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.1, 4, 5, 6, 7 and 8 in Crime No.1164 of 2011 of Hosdurg Police Station, Kasaragod District. 2. The offences alleged against the accused are under Sections 143, 147, 148, 452, 436, 427 and 153-A read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 11/10/2011, the accused persons formed themselves into an unlawful assembly armed with deadly weapons, committed trespass into the Jamayath Committee Office and set fire to the office. The loss sustained was estimated at Rupees Three lakhs. 4. The petitioners were arrested on 04/11/2011 in connection with other cases and their formal arrest was recorded on 02/12/2011. 5. The learned counsel for the petitioners submitted that the petitioners are in judicial custody since 04/11/2011. Bail Appln.No.10553/2011 : 2 : The accused in other cases were released on bail on completing 45 days in judicial custody. It is submitted that in the present case, 45 days may be computed from 04/11/2011. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offences and the present stage of investigation, I am of the view that bail can be granted to the petitioners only with effect from 27/12/2011. 7. The petitioners shall be released on bail with effect from 27/12/2011 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 Passport was seized by the police or if the petitioners do not have Passport, an affidavit sworn to by them 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; Bail Appln.No.10553/2011 : 3 : 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) 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 skj