IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 Bail Appl..No. 10157 of 2011() ------------------------------ CMP.9836/2011 of J.M.F.C.-I,HOSDRUG Crime No.1109 of 2011 of Hosdurg Police Station, Kasaragod District. .................... PETITIONER ------------------------------ ISMAIL M AGED 25 YEARS,.S/O.MUHAMMED HAJI, V.P.ROAD, CHITHARI P.O.,ANANUR VILLAGE, KASARAGOD DIST, BY ADV. SRI.K.P.HARISH RESPONDENT(S): --------------- 1. STATE-REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031 2. THE STATION HOUSE OFFICER, (CRIME NO- 1109 OF 2011 OF HOSDURG POLICE STATION) KASARAGOD DIST-PIN-671315 BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.10157 OF 2011 --------------------------------- Dated this the 21st day of December , 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.1109 of 2011 of Hosdurg Police Station, Kasaragod District. 2.The offences alleged against the petitioner are under Sections 143, 147, 148, 427 and 153-A read with 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 and trespassed into the house of the defacto complainant and destroyed the window panes and furniture, causing a loss of `30,000/- to the defacto complainant. It is alleged that the offence was B.A.No.10157 OF 2011 2 committed with an intent to cause prejudice to the maintenance of harmony between two religious groups. 4. The petitioner was arrested on 15.11.2011 and he was remanded to judicial custody. 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 29.12.2011. 6.The petitioner shall be released on bail only on 29.12.2011 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 B.A.No.10157 OF 2011 3 that effect shall be filed before the learned Magistrate; 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 one month, 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