IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 Bail Appl..No. 10066 of 2011() ------------------------------ CMP.9948/2011 of J.M.F.C.-I,HOSDRUG CRIME NO.1114 OF 2011 OF HOSDURG POLICE STATION, KASARAGOD DT. .................... PETITIONERS/ACCUSED NOS.1,4,13-16: ------------------------------------------------------ 1. N.K.RAFEEQUE, S/.ARABI, AGED 35 YEARS, `BAITHUL AYSHA', KHAMARUNNISA MANZIL, BAVA NAGAR, KANHANGAD VILLAGE. 2. ISHAKH.B., S/O.ISMAIL, AGED 19 YEARS, NEAR NAVODAYA CLUB, KANHANGAD KADAPPURAM, KANHANGAD VILLAGE. 3. IRSHAD.P., S/O.KUNHABDULLA, AGED 23 YEARS, FARSANA MANZIL, NEAR BAVAPPALLY, KANHANGAD VILLAGE. 4. SHUHAIB.M.A., S/.KUNHABDULLA @ BAPPAN KUNHABDULLA, AGED 22 YEARS, M.A.HOUSE, MUNDATHODU, KASLLURAVI, KANHANGAD VILLAGE. 5. SHAFEEKH.M., S/O.HUSSAINAR, AGED 23 YEARS, SHEFEEQUE MANZIL, NEAR BAVAPPALLI, BAVA NAGAR, KANHANGAD VILLAGE. 6. NOUFAL.P., S/O.MUHAMMED, AGED 22 YEARS PUTHIYAKANDAM HOUSE, KALLURAVI, KANHANGAD VILLAGE. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, HOSDURG POLICE STATION, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY P.P.SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.10066 OF 2011 --------------------------------- Dated this the 12th 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.1, 4 and 13 to 16 in Crime No.1114 of 2011 of Hosdurg Police Station, Kasaragod District. 2.The offences alleged against the petitioners are under Sections 143, 147, 148, 448, 427, 506(i) and 153-A read with 149 of the Indian Penal Code. 3.The prosecution case is that on 10.10.2011, at 00.30 hours, the accused persons formed themselves into an unlawful assembly, armed with deadly weapons and trespassed into the house of the defacto complainant, intimidated him and smashed the window panes, causing a loss of Rs.50,000/-. The accused persons shouted slogans to B.A.No. 10066 OF 2011 2 promote enmity between two groups of persons on the ground of religion. It is submitted that the petitioners are involved in five other crimes of similar nature. 4. Accused Nos.1, 4 and 13 to 15 were arrested on 11.11.2011 and accused No.16 was arrested on 14.11.2011. 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 with effect from 27.12.2011. 6.The petitioners shall be released on bail only on 27.12.2011 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 Passport before the Court of the Judicial Magistrate of the First Class-I, Hosdurg. If the Passport is already seized by the B.A.No. 10066 OF 2011 3 police or if the petitioners do not have a Passport, an affidavit sworn to by the petitioners 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 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