IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 Bail Appl..No. 9958 of 2011() ----------------------------- CRIME NO.1154/2011 OF HOSDURG POLICE STATION, KASARAGOD PETITIONER (S): ACCUSED 4: ------------------------------ C.V.VIJAYAN, AGED 37 YEARS, S/O.KANDAPPAN, CHALIYAMVALAVIL, KOTTILANGADU, RAVANESHWARAM, CHITHARI 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 682 031. 2. THE STATION HOUSE OFFICER, HOSDURG POLICE STATION (CRIME NO.1154 OF 2011), HOSDURG, KASARAGOD DISTRICT, PIN-671315. PUBLIC PROSECUTOR SRI.R.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9958 of 2011 --------------------------- Dated this the 7th day of December, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.4 in Crime No.1154 of 2011 of Hosdurg Police Station, Kasaragod District. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 448, 427 and 153A read with Section 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 and trespassed into six shop rooms of the de facto complainant and smashed the window panes and other articles. The accused also took away ` 5,000/- from the car parked in front of the house of the relative of the de facto complainant. It is alleged that the accused persons shouted slogans to promote BA 9958/11 2 enmity between two groups on the ground of religion. The total loss caused to the de facto complainant is estimated at ` 50,000/-. 4. The petitioner was arrested on 25.10.2011 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 9.12.2011. The petitioner shall be released on bail only on 9.12.2011 on his executing bond for ` 25,000/- 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 petitioner does not have a passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate; BA 9958/11 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 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) 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 csl