IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 Bail Appl..No. 10231 of 2011() ------------------------------ CMP.9442/2011 of J.M.F.C.-I,HOSDRUG CRIME NO.1136/2011 OF HOSDURG POLICE STATION KASARAGOD .................... PETITIONERS:ACCUSED : ---------------------------------- 1. SUNIL BABU,AGED 30 YEARS, S/O.SODAKKARAN BABU,JINSHA NIVAS, MURIYANAVI,KANHANGAD VILLAGE, KASARAGOD DISTRICT 2. P.AJITHKUMAR,AGED 29 YEARS, S/O.K.P.KRISHNAN,ASHWANI NIVAS, MURIYANAVI,KANHANGAD VILLAGE, KASARAGOD DISTRICT. 3. K.MAHESH,AGED 24 YEARS, S/O.GANGAN,MUNDATHODU HOUSE, KALLURAVI,KANHANGAD VILLAGE, KASARAGOD DISTRICT BY ADV. SRI.A.ARUNKUMAR RESPONDENTS: --------------- 1. STATE OF KERALA- REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM 682 031 2. THE STATION HOUSE OFFICER, HOSDURG POLICE STATION, (CRIME NO.1136 OF 2011) HOSDURG,KASARAGOD DISTRICT 671 315 PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.10231 of 2011 ---------------------------------------------- Dated this the 15th 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.2, 4 and 7 in Crime No.1136 of 2011 of Hosdurg Police Station, Kasaragod District. 2. The offences alleged against the accused are under Sections 143, 147, 148, 427, 448, 506(ii) and 153-A read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 11/10/2011 at 12.05 noon, the accused persons formed themselves into an unlawful assembly armed with deadly weapons and trespassed into the house of the de facto complainant and destroyed window panes, water pipes and household articles, causing a loss of Rupees One lakh. It is also alleged that they were shouting slogans promoting enmity between different groups on the ground of religion. 4. The petitioners were arrested on 04/11/2011 and they were remanded to judicial custody. Bail Appln.No.10231/2011 : 2 : 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 offences and the present stage of investigation, I am of the view that bail can be granted to the petitioners only with effect from 17/12/2011. 6. The petitioners shall be released on bail with effect from 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 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; c) The petitioners shall appear before the investigating officer for interrogation as and when required; Bail Appln.No.10231/2011 : 3 : 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