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. 9267 of 2011() ----------------------------- CMP.8588/2011 of J.M.F.C.-I,HOSDRUG CRIME NO.1079/2011 OF HOSDURG POLICE STATION .................... PETITIONERS: ACCUSED -------------------- 1. NOUFAL.P, S/O.MUHAMMED AGED 22 YEARS, PUTHIYAKANDAM KALLURAVI KANHANGAD. 2. RIYAS K.P, S/O.HASSAINAR AGED 25 YEARS, KOVVAL PUZHAKKARA KALLURAVIL, KANDATHIL, KANHANGAD VILLAGE. 3. USMAN P, S/O.IBRAHIM, AGED 25 YEARS THALAYILLATH HOUSE, MUNDATHODU, KALLURAVI, KANHANGAD VILLAGE. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): --------------- STATE OF KERALA, THORUGH THE SUB INSPECTOR OF POLICE, HOSDURG POLICE STATION KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 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 Appln.No.9267 of 2011 ---------------------------------------------- Dated this the 22nd day of November, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.3 to 5 in Crime No.1079 of 2011 of Hosdurg Police Station, Kasaragod District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 447, 427, 326, 435 and 153-A read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 11/10/2011 at 11.30 A.M., the accused persons trespassed into the house of the de facto complainant and destroyed the window panes and other articles and set fire to a motor bike, causing a loss of Rs.50,000/- to the de facto complainant. Due to the attack made by the accused, the de facto complainant sustained fracture on his left leg. It is alleged that the accused were shouting slogans promoting enmity between different groups on the ground of religion. 4. The petitioners were arrested on 14/10/2011. Bail Appln.No.9267/2011 : 2 : 5. The learned Public Prosecutor submitted that accused No.3 is involved in ten other cases and accused No.5 is involved in six other cases. 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 offences and the present stage of investigation, I am of the view that bail can be granted to the petitioners only with effect from 28/11/2011. 7. The petitioners shall be released on bail with effect from 28/11/2011 on their executing bond for Rs.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 Passport before the Court of the Judicial Magistrate of the First Class-I, Hosdurg. If the Passport was seized by the police or if the petitioners do not have a Passport, an affidavit sworn to by them to that effect shall be filed before the learned Magistrate; Bail Appln.No.9267/2011 : 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 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 skj