IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.M.JAMES WEDNESDAY, THE 30TH AUGUST 2006 / 8TH BHADRA 1928 Bail Appl..No. 5452 of 2006 ----------------------------- CRIME NO.243/2006 OF MEDICAL COLLEGE POLICE STATION, KOZHIKODE PETITIONERS/ACCUSED ------------------------------------- 1. SAJI P., AGED 30 YEARS, S/O. BALAN, PANTHALINGAL VEED, KUNNAMANGALAM AMSOM, KARANTHUR DESOM, KOZHIKODE. 2. APPUTTY, AGED 39 YEARS, S/O. CHEKKU, KUNNATH VEED, KUNNAMANGALAM AMSOM, KARANTHUR DESOM, KOZHIKODE. 3. JAYESH K., AGED 23 YEARS, S/O. HARIDASAN, KUNNATH HOUSE, KUNNAMANGALAM AMSOM, KARANTHUR DESOM, KOZHIKODE. 4. PRIYESH V., AGED 28 YEARS, S/O. SREEDHARAN, VALAPPIL VEEDU, KUNNAMANGALAM AMSOM, KARANTHUR DESOM, KOZHIKODE. BY ADV. SRI.M.ASOKAN SRI.DEVAPRASANTH.P.J. RESPONDENTS: COMPLAINANT ------------------------- STATE OF KERALA, REPRESENTED BY S.I. OF POLICE, MEDICAL COLLEGE POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR P.N. SUKUMARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/08/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.M.JAMES, J. -------------- B.A. 5452/2006 ------------------ DATED THIS THE 30TH DAY OF AUGUST, 2006 O R D E R The petitioners are accused 2 to 5, in crime No.243/2006 of Medical College Police Station, Kozhikode. The offence alleged against them and others are punishable under Sections 143, 148, 452, 323, 324 and 153A IPC read with Section 149 IPC. Hence they are before this Court, under Section 438 Cr.P.C. 2. It is alleged that the petitioners, on 11.8.2006 at night, had trespassed into the office of Markaz Complex, Kunnamangalam, and caused destruction to the property and they also hurt the religious feelings of the inmates of the institution, wherein 3000 persons are housed. The crime had been registered, in such circumstances. 3. I heard both sides and considering the facts on record, I direct the petitioners to surrender before the Investigating Officer, in crime No.243/2006 of Medical B.A.5452/2006 2 College Police Station, Kozhikode, on 8.9.2006 between 10.30 a.m and 11.00 a.m. 4. The Investigating Officer shall interrogate the petitioners and produce them before the Judicial Magistrate of First Class, Kunnamangalam, on the same day, before 5.00 p.m. 5. The learned Magistrate shall consider the bail applications of the petitioners as well as the application for custodial interrogation, if any, filed by the Investigating Officer, and pass appropriate orders on merit, as far as possible on the same day of production itself. The application is disposed of as above. J.M.JAMES JUDGE mrcs