IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 Bail Appl..No. 10212 of 2011() ------------------------------ CMP.9595/2011 of DISTRICT COURT, KASARAGOD CRIME NO.1130 OF 2011 OF HOSDURG POLICE STATION, KASARAGOD DT. .................... PETITIONERS/ACCUSED NOS.4,5,7 AND 9 TO 15: -------------------------------------------------------------- 1. T.RAJESH @ MOOPPAN RAJESH, S/O.BALAKRISHNAN, AGED 28 YEARS, NEAR THOUFEEQUE MILL, MURIYANAVI, KANHANGAD VILLAGE, KASARAGOD DISTRICT. 2. K.SUNIL @ MOTTA SUNIL, S/O.KUNHIRAMAN, AGED 29 YEARS, NEAR THOUFEEQUE MILL, MURIYANAVI, KANHANGAD VILLAGE, KASARAGOD DISTRICT. (CORRECTED AS PER CRL.M.A.No.8294/2011 DTD.14.12.2011) 3. K.MAHESH, S/O.GANGADHARAN, AGED 24 YEARS, MUNDATHODU, NEAR SREE KADAPPURATHU BHAGAWATHY TEMPLE, KANHANGAD KADAPPURAM, KANHANGAD VILLAGE. 4. N.NARAYANAN, S/O.KUNHIKANNAN, AGED 45 YEARS, NAYICHERY HOUSE, BEHIND GEETHA HOTEL, MURIYANAVI, KANHANGAD VILLAGE. KASARAGOD DISTRICT. 5. P.AJITHKUMAR @ AJITH, S/O.K.P.KRISHNAN, AGED 29 YEARS, ASHWATHI NIVAS, OPP.THOUFEEQUE MILL, MURIYANAVI, KANHANGAD VILLAGE. KASARAGOD DISTRICT. 6. P.V.RAJEEVAN @ MANIKUTTAN, S/O.THANKARAJ, AGED 24 YEARS, NEAR THOUFEEQUE MILL,MURIYANAVI,KANHANGAD VILLAGE, KASARAGOD DISTRICT. 7. P.LIJESH @ LIJI, S/O.JARAYANAN, AGED 27 YEARS, PODIKKALAM, NEAR PODIKKALAM ASLAM, MURIYANAVI, KANHANGAD VILLAGE. Bail Appl..No. 10212 of 2011() 8. V.N.ANILKUMAR @ ANI, S/O.VASUDEVAN, AGED 25 YEARS, KUNNARUVATHU HOUSE, NEAR PODIKKALAM TEMPLE, KANHANGAD VILLAGE. KASARAGOD DISTRICT. 9. K.NISHANTH, S/O.KUMARAN, AGED 20 YEARS, KUNHIPURAYIL HOUSE, MURIYANAVI, KANHANGAD VILLAGE, KASARAGOD DISTRICT. 10. N.RATHEESH, S/O.UDAYAN, AGED 25 YEARS, NEAR THOUFEEQUE MILL, MURIYANAVI, KANHANGAD VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.A.ARUNKUMAR RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. STATE-REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN 682 031. 2. THE STATION HOUSE, OFFICER, HOSDURG POLICE STATION, (CRIME NO.1130 OF 2011), HOSDURG, KASARAGOD DISTRICT, PIN 671315. BY P.P.SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 10212 OF 2011 --------------------------------- Dated this the 14th 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. 4, 5, 8 and 10 to 16 in Crime No.1130 of 2011 of Hosdurg Police Station, Kasaragod District. 2.The offences alleged against the petitioners are under Sections 143, 147, 148, 448, 427, 506(ii) and 153-A read with 149 of the Indian Penal Code. 3. The prosecution case is that on 11.10.2011 at 11.50 hours, the accused persons formed themselves into an unlawful assembly, armed with deadly weapons and committed house trespass of the daughter of the defacto complainant and that of the defacto complainant, and destroyed window panes and other articles, causing a loss of Rs.1,00,000/-. It is also alleged that the accused persons B.A.No. 10212 OF 2011 2 shouted slogans, promoting enmity between two groups of persons on the ground of religion. The petitioners were arrested on 4.11.2011 and they were remanded to judicial custody. 4.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 with effect from 17.12.2011. 5.The petitioners shall be released on bail only on 17.12.2011 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 is already seized by the police or if the petitioners do not have Passport, an affidavit sworn to by the petitioners to that effect shall be filed before the learned Magistrate; B.A.No. 10212 OF 2011 3 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. 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) The petitioners 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