IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 Bail Appl..No. 10362 of 2011 CRIME NO.1065 OF 2011 OF HOSDURG POLICE STATION, KASARAGOD. PETITIONER/ACCUSED NOS.1 TO 5 ------------------------------------------------- 1. ANIL @ ANILKUMAR, S/O.KUMARAN, AGED 28 YEARS, THAIVALAPPIL HOUSE, KANHANGAD SOUTH, KANHANGAD VILLAGE. 2. JAGADEESH @ VENKITI, S/O.NARAYANAN, AGED 27 YEARS, PATHAYAPPURA HOUSE, KANHANGAD SOUTH, KANHANGAD VILLAGE. 3. MADANAN P.K., S/O.B.K.AMBU, AGED 31 YEARS, THEKKUMPURAM, KOVVAL STORE, KANHANGAD VILLAGE. 4. RAKESH @ KUTTAN, S/O.RAGHAVAN, AGED 26 YEARS, KIZHAKKEPPURAM, KOVVAL STORE, KANHANGAD, KASARAGOD DISTRICT. 5. AJESH @ AJI, S/O.NARAYANAN, AGED 32 YEARS, CHALIYAVALAPPIL, KANHANGAD SOUTH, 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, HOSDURG POLICE STATION, (CRIME NO.1065 OF 2011), HOSDURG, KASARAGOD DISTRICT, PIN 671315. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 10362 OF 2011 ------------------------------------------------------ Dated this the 20th 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 petitioners are accused Nos.1to 5 in Crime No.1065 of 2011 of Hosdurg Police Station, Kasaragod District. 2. The offences alleged against the accused are under Sections 143, 147, 341, 323, 427, 435 and 153A read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 11.10.2011 at 12.15 P.M., the accused persons formed themselves into an unlawful assembly armed with deadly weapons and restrained the defacto complainant after intercepting his scooter and attacked the defacto complainant. It is also alleged that the accused set fire to the scooter of the defacto complainant, causing a loss of `40,000/-. The accused persons shouted slogans to promote enmity among different groups on the ground of religion. BAIL APPL. NO.10362 OF 2011 :: 2 :: 4. The petitioners were arrested on 9.11.2011 and they were remanded to judicial custody. 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, however, only with effect from 23.12.2011. 6. The petitioners shall be released on bail only on 23.12.2011 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 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 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 and Thursdays for a period of one month and thereafter, on all Mondays, till the final report is filed or until further orders; BAIL APPL. NO.10362 OF 2011 :: 3 :: 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/