IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 Bail Appl..No. 9522 of 2011() ----------------------------- IN CRIME NO.1170/2011 OF HOSDURG POLICE STATION PETITIONER(S): ACCUSED 20 ------------------------------------------ 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.1170/2011) HOSDURG, KASARAGOD DISTRICT, PIN-671315. BY PUBLIC PROSECUTOR SRI. R. RANJITH FOR R1 AND R2 THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DS K.T.SANKARAN, J. --------------------------------- B.A.No. 9522 OF 2011 --------------------------------- Dated this the 24th day of November, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.20 in Crime No.1170 of 2011 of Hosdurg Police Station, Kasaragod District. 2.The offences alleged against the petitioner are under Sections 143, 147, 148, 452, 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 12 noon, the accused formed themselves into an unlawful assembly armed with deadly weapons like swords, committed house trespass of the defacto complainant, destroyed the window panes and intimidated the defacto complainant. It is also alleged that the accused were shouting slogans tending to promote communal disharmony and promoting enmity B.A.No. 9522 OF 2011 2 between different groups on the ground of religion. 4. The learned Public Prosecutor submitted that the petitioner is involved in seven other crimes. 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 petitioner with effect from 6.12.2011. 6.The petitioner shall be released on bail on 6.12.2011 on his executing bond for `25,000/- (Rupees Twenty Five thousand only) 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 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.A.No. 9522 OF 2011 3 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 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