IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 Bail Appl..No. 9427 of 2011 CRIME NO.646 OF 2011 OF BEKAL POLICE STATION, KASARAGOD DISTRICT PETITIONERS/ACCUSED NOS.1 AND 2: -------------------------------------- 1. SAJEESH.K.N, AGED 30 YEARS, S/O.KOCHUKESHAVAN,KESHAVA NIVAS, POOKKALAM,PERIYA BAZAR, PERIYA VILLAGE,HOSDURG TALUK, KASARAGOD DISTRICT. 2. MURALI.K, AGED 35 YEARS, S/O.KARUVAN,POOKKALAM, PERIYA BAZAR, PERIYA VILLAGE HOSDURG TALUK,KASARAGOD DISTRICT. BY ADV. SRI.A.ARUNKUMAR RESPONDENTS: COMPLAINANT -------------------------- 1. STATE-REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. THE STATION HOUSE OFFICER, BEKAL POLICE STATION,(CRIME NO.646/2011) BEKAL, KASARAGOD DISTRICT. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9427 OF 2011 ------------------------------------------------------ Dated this the 22nd day of November, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.646 of 2011 of Bekal Police Station, Kasaragod District. 2. The offences alleged against the accused are under Sections 341, 323, 324, 308 and 153A read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 17.10.2011 at 9.25 P.M., the accused persons, four in number, attacked the defacto complainant with sword. The accused shouted that no “Mappila” (Muslim) would be allowed to live in the locality. The petitioners were arrested on 27.10.2011 and they were remanded to judicial custody. 4. Learned Public Prosecutor submitted that the petitioners are involved in two other cases of similar nature. BAIL APPL. NO.9427 OF 2011 :: 2 :: 5. In similar cases where Section 153A is involved, bail is being granted only on the accused remaining in judicial custody for about 45 days. 6. 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, however, only with effect from 9.12.2011. 7. The petitioners shall be released on bail only on 9.12.2011 on their executing bond for Rupees Twenty five thousand each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class II, Hosdurg, subject to the following conditions: a) The petitioners shall surrender their Passports before the Court of the Judicial Magistrate of the First Class II, Hosdurg. If the petitioners do not have any 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 BAIL APPL. NO.9427 OF 2011 :: 3 :: 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; 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 ahz/