IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 Bail Appl..No. 8673 of 2011() ----------------------------- CRIME NO.1061/2011 OF HOSDURG POLICE STATION .................... PETITIONERS/ACCUSED NOS. 8 & 9 : ---------------------------------------- 1. JAFFER.M., AGED 23 YEARS, S/O.KUNHAHAMMED, MANIKOTH MANZIL, MANIKOTH, AJANUR VILLAGE, KASARAGOD DISTRICT. 2. SHOUKATH.K.V., AGED 19 YEARS, S/O.IBRAHIM, BADATH HOUSE, KOLAVAYAL, AJANUR VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1. STATE- REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM..682 031. 2. THE STATION HOUSE OFFICER, (CRIME NO.1061 OF 2011 OF HOSDURG POLICE STATION) KASARAGOD DISTRICT.671 121. PUBLIC PROSECUTOR SRI.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8673 of 2011 --------------------------- Dated this the 10th day of November, 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.8 and 9 in Crime No.1061 of 2011 of Hosdurg Police Station, Kasaragod District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 153A, 332 and 308 of the Indian Penal Code. 3. The prosecution case is that on 11.10.2011, persons belonging to two communities formed into two groups and committed rioting and pelted stones against each other. On getting information, the police went there and the accused persons pelted stones against the policemen also. Petitioners were arrested on 11.10.2011 and they were remanded to judicial custody. BA 8673/11 2 4. In all the cases where communal fights took place in Kasaragod and Nadapuram, bail was granted only on completion of 45 days in 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 with effect from 24.11.2011. The petitioners shall be released on bail only on 24.11.2011 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 court having jurisdiction, subject to the following conditions: A) The petitioners shall surrender their passports before the court concerned. If the passports are already seized by the 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 ; BA 8673/11 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 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 co-operate 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 csl