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. 10193 of 2011() ------------------------------ CMP.9440/2011 of J.M.F.C.-I,HOSDRUG Crime No.1133 of 2011 of Hosdurg Police Station, Kasaragod District. .................... PETITIONERS/ACCUSED NO.4,5 AND 8 TO 16 ---------------------------------------------------------- 1. SHIJU,S/O.KUNHAMBU,AGED 25 YEARS, KELU QUARTERS,MURIYANAVI,KANHANGAD VILLAGE, KASARAGOD DISTRICT. 2. K.SUNIL @ MOTTA SUNIL,S/O.KUNHIRAMAN, AGED 29 YEARS,NEAR THOUFEEQUE MILL,MURIYANAVI, KANHANGAD VILLAGE,KASARAGOD DISTRICT. 3. M.NARAYANAN,S/O.KUNHIKANNAN,AGED 45 YEARS,NAYICHERY HOUSE,NEAR GEETHA HOTEL, MURIYANAVI,KANHANGAD VILLAGE,KASARAGOD DISTRICT. 4. P.K.SUNIL,S/O.BABU,AGED 30 YEARS, JINSHA NIVAS,NEAR THOUFEEQUE MILL,MURIYANAVI, KANHANGAD VILLAGE,KASARAGOD DISTRICT. 5. K.MAHESH,S/O.GANGADHARAN,AGED 24 YEARS, MUNDATHODU,NEAR SREE KADAPPURATHU BHAGAWATHY TEMPLE,KANHANGAD KADAPPURAM,KANHANGAD VILLAGE. 6. V.AJITH,S/O.ASHOKAN,AGED 25 YEARS, KALLURAVI HOUSE,NEAR MUTHAPPANTHARA TEMPLE, KANHANGAD VILLAGE,KANHANGAD SOUTH.P.O, KASARAGOD DISTRICT. 7. K.NISHANTH,S/O.KUMARAN,AGED 20 YEARS, KUNHIPURAYIL HOUSE,MURIYANAVI,KANHANGAD VILLAGE, KASARAGOD DISTRICT. 8. P.V.RAJEEVAN @ MANIKUTTAN,S/O.THANKARAJ, AGED 24 YEARS,NEAR THOUFEEQUE MILL,MURIYANAVI, KANHANGAD VILLAGE,KASARAGOD DISTRICT. 9. T.RAJESH @ MOOPAN,S/O.BALAKRISHNAN, AGED 28 YEARS,NEAR THOUFEEQUE MILL,MURIYANAVI, KANHANGAD,KASARAGOD DISTRICT. Bail Appl..No. 10193 of 2011() 10. V.N.ANILKUMAR @ ANI,S/O.VASUDEVAN, AGED 25 YEARS,KUNNARUVATHU HOUSE,NEAR PODIKKALAM TEMPLE,KANHANGAD VILLAGE,KASARAGOD DISTRICT. 11. P.LIJESH @ LIJI,S/O.NARAYANAN, AGED 27 YEARS,PODIKKALAM,NEAR PODIKKALAM TEMPLE, MURIYANAVI,KANHANGAD VILLAGE,KASARAGOD DISTRICT. BY ADV. SRI.A.ARUNKUMAR RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1. STATE OF KERALA-REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM-682031. 2. THE STATION HOUSE OFFICER,HOSDURG POLICE STATION,(CRIME NO.1133 OF 2011)HOSDURG, KASARAGOD DISTRICT-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. 10193 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, and 8 to 16 in Crime No.1133 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 about 11.30 hours, 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 other articles, causing a loss of `50,000/-. The petitioners also threatened to kill the defacto complainant. It is also alleged that the accused B.A.No. 10193 OF 2011 2 persons 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. 10193 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