IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 Bail Appl..No. 5863 of 2011() ---------------------------------------- CRIME NO.515/2011 OF KOYILANDY POLICE STATION, KOZHIKODE DISTRICT ------------------------------------- PETITIONER/ACCUSED 1-5 --------------------------------------- 1. PRABEESH KUMAR, AGED 38 YEARS, S/O.KRIHNA DASAN, OORALI VEETTIL HOUSE, ANELA,KOYILANDY, KOZHIKODE 2. SHIJU, AGED 24 YEARS, S/O.SIVARAMAN, VATTAKKUNATH HOUSE, ANELA, KURUVANGAD, KOYILANDY,KOZHIKODE 3. MITHUN, AGED 22, S/O.ANANADAN, ANELA KOYILANDY, KOZHIKODE. 4. JIJEESH LAL, AGED 27, S/O.GANGADHARAN, ANELA,KOYILANDY, KOZHIKODE. 5. ARUN, AGED 19 YEARS, S/O.SASI, PILAKKATTU HOUSE, ANELA,KOYILANDY, KOZHIKODE BY ADV. SRI.A.RANJITH NARAYANAN SRI.S.K.SAJU RESPONDENT(S): --------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.PIN-682 031 (REPRESENTING THE STATION HOUSE OFFICER, KOYILANDY POLICE STATION, KOZHIKODE DISTRICT) BY PUBLIC PROSECUTOR SRI.V.TEK CHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts K.T.SANKARAN, J. --------------------------------- B.A.No. 5863 OF 2011 --------------------------------- Dated this the 25th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 5 in Crime No.515 of 2011 of Koyilandy Police Station, Kozhikode District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 332, 294(b) and 506(ii) read with Section 149 of the Indian Penal Code and Section 3(1) of PDPP Act. 3. The prosecution case is that on 22.6.2011, the Deputy Tahsildar (the de facto complainant) and party, who were engaged in the duty to detect illegal sand mining and transportation, were attacked by the accused persons, abused in filthy language and destroyed the vehicle hired by them, causing a damage to the tune of `70,000/-. The B.A.No. 5863 OF 2011 2 petitioners were arrested on 22.6.2011. Investigation is not over. 4. B.A.No.5356 of 2011 filed by the petitioners was dismissed by this court on 8th July, 2011. Investigation as progressed much thereafter. 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 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, Koyilandy, subject to the following conditions: A) The petitioners shall not enter into the limits of Koyilandy Police Station for a period of two months except for complying with conditions B and C . B.A.No. 5863 OF 2011 3 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. 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 cms