IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 3RD NOVEMBER 2009 / 12TH KARTHIKA 1931 Bail Appl..No. 6290 of 2009() ------------------------------------ CMP.3626/2009 of C.J.M.,KASARAGOD CRIME NO. 671/2009 OF KASARGOD POLICE STATION .................... PETITIONERS/ACCUSED NOS 15 TO 17: ----------------------------------------------------- 1. B.K.SALEEM @ SALEEM, S/O.LATE KUNHAHAMMED, 24/09, B.K.HOUSE, CHALA ROAD, BADIRA, KASABA GRAMAM, KASARAGOD. 2. ABDUL NISAR.M., S/O.MUHAMMED KUNHI, THEKKIL HOUSE, THEKKIL GRAMAM. 3. ABDUL SATHAR K.A., S/O.P.M.ABDULLA, OLATHIRI, MEHABOOB ROAD, KASABA GRAMAM. BY ADV. SRI.SOJAN MICHEAL RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6290 of 2009 ------------------------------------ Dated this the 3rd day of November, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos. 15 to 17 in Crime No. 671/2009 of Kasargode Police Station. 2. The offence alleged against the petitioners are under Sections 143, 147, 148, 353, 332 and 333 read with Section 149 of the Indian Penal Code, Section 3(1) of the P.D.P.P. Act and Section 132(1) read with 179 of the Motor Vehicles Act. 3. The incident took place on 20.09.2009. The prosecution case is that on that day, the accused persons, about five hundred in number, formed themselves into unlawful assembly and destroyed public property and caused injuries to the police officials. The lawful orders made by the police officials were disregarded and disobeyed by the accused persons. The petitioners were arrested on 08.10.2009 and they were remanded to judicial custody. 4. It is submitted that some other accused persons were taken into custody and except one all others were released on bail. B.A. No. 6290 of 2009 2 5. 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. 6. The petitioners shall be released on bail on their executing a bond for Rs. 25,000/- each with two solvent sureties each for the like amount to the satisfaction of the Chief Judicial Magistrate, subject to the following conditions:- A) The petitioners shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders. B) The petitioners shall appear before the Investigating Officer for interrogation as and when required. C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. B.A. No. 6290 of 2009 3 E) 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 ln