IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 Bail Appl..No. 8739 of 2011 CRIME NO.1068 OF 2011 OF HOSDURG POLICE STATION, KASARAGOD. PETITIONERS : ACCUSED NOS.1,2 AND 5: --------------------------- 1. P.ABDULLA,S/O.MUHAMMED,AGED 30 YEARS, PUTHANKAI (H), KOOLIYANKAL,HODURG VILLAGE, KASARGOD DISTRICT. 2. C.FAISAL,S/O.ABDULLA C,AGED 35 YEARS, NAZEERA MANZIL, THOYAMMAL, HODURG VILLAGE, KASARAGOD DISTRICT. 3. M.SAKARIYA,S/O.MUHAMMED KUNHI,AGED 40 YEARS, KOOLIYANKAL, HOSDURG VILLAGE, KASARAGOD DISTRICT, NEAR TEA SHOP, KASARAGOD DISTRICT. BY ADV. SRI.M.RAMESH CHANDER SRI.ANEESH JOSEPH SMT.P.M.SHIJI RESPONDENT: STATE -------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 682 031. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8739 OF 2011 ------------------------------------------------------ Dated this the 4th day of November, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are respectively accused Nos.1, 2 and 5 in Crime No.1068 of 2011 of Hosdurg Police Station, Kasaragod District. 2. The offences alleged against the accused are under Sections 143, 147, 148, 332 and 308 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 11.10.2011, at the scene of occurrence, two groups of persons were found pelting stones against each other. Police party tried to disperse them. At that time, the accused persons attacked the Sub Inspector of Police and pelted stones against him. The petitioners were arrested on 12.10.2011 and they were remanded to judicial custody. BAIL APPL. NO.8739 OF 2011 :: 2 :: 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 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 on stringent conditions. 6. The petitioners shall be released on bail on their executing bond for Rupees Twenty five thousand 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 petitioners do not have any 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 two months and thereafter, on all Mondays, till the final report is filed or until further orders; BAIL APPL. NO.8739 OF 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 ahz/