IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 Bail Appl..No. 9814 of 2011 CRIME NO.1161 OF 2011 OF HOSDURG POLICE STATION, KASARAGOD. PETITIONER/ACCUSED NOS.1,2,4,6 AND 8 -------------------------------------------------------- 1. K.MANOJ, AGED 21 YEARS, S/O.RAJAN, KOLAVAYAL HOUSE, CHITHARI VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. 2. S.SUDHI, AGED 21 YEARS, S/O.PRAKASHAN, KOLAVAYAL HOUSE, CHITHARI VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. 3. K.BAIJU, AGED 23 YEARS, S/O.BABU, KOLAVAYAL HOUSE, CHITHARI VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. 4. M.SUJITH, AGED 24 YEARS, S/O.KUMARAN, KOLAVAYAL HOUSE, CHITHARI VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. 5. K.V.PRIYESH, AGED 26 YEARS, S/O.CHANDRAN KOLAVAYAL HOUSE, CHITHARI VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.A.ARUNKUMAR RESPONDENTS: COMPLAINANT -------------------------- 1. STATE - REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031. 2. THE STATION HOUSE OFFICER, HOSDURG POLICE STATION. (CRIME NO.1161 OF 2011) HOSDURG, KASARAGOD DISTRICT. PIN: 671315. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9814 OF 2011 ------------------------------------------------------ Dated this the 2nd 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 respectively accused Nos.1, 2, 4, 6 and 8 in Crime No.1161 of 2011 of Hosdurg Police Station, Kasaragod District. 2. The offences alleged against the accused are under Sections 143, 147, 148, 452, 506(ii), 427 and 153A read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 12.10.2011 at 7.45 P.M., the accused persons formed themselves into an unlawful assembly armed with deadly weapons and committed trespass into the house of the defacto complainant and destroyed the window panes and other articles, causing a loss of `50,000/-. The accused also threatened the sister of the defacto complainant to death. The accused shouted slogans to promote enmity among different groups on the ground of religion. BAIL APPL. NO.9814 OF 2011 :: 2 :: 4. The petitioners were arrested on 31.10.2011 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 15.12.2011. 6. The petitioners shall be released on bail only on 15.12.2011 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.9814 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/