IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 Bail Appl..No. 9272 of 2011() ----------------------------- CRIME NO.1074/2011 of HOSDURG POLICE STATION .................... PETITIONER(S): ACCUSED NO.3 ------------------------------------------------- ISMAIL C, S/O IBRAHIM M.P. AGED 23 YEARS, CHERANGADATHU HOUSE, NEAR KALLURAVI JAMAYATH MOSQUE, KALLAURAVI, KANHANGED VILLAGE. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINAINT -------------------------------------------------- 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 PUBLIC PROSECUTOR SRI. R. RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DS K.T.SANKARAN, J. - - - - - - - - - - - - - - - - - - - - - - Bail Appl. NO. 9272 OF 2011 - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th 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 petitioner is accused No. 6 in Crime No.1074 of 2011 of Hosdurg Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 283, 332, 307 read with 149 of the Indian Penal Code and Section 3(1) of the PDPP Act. 3. The prosecution case is that on 11-10-2011 at 7.00 PM, the accused persons formed an unlawful assembly armed with deadly weapons and committed rioting, set fire to tyres and caused obstruction in the public road. When the police party reached the place, the accused pelted stones against them and beat the Assistant Sub Inspector of Police. The accused had also beaten the other police personnel with "iron rods". Moreover, the accused set ablaze the police jeep after pouring some inflammable B.A.No. 9272/2011 -2- liquid. A loss of Rs. 1,50,000/-(Rupees One Lakh Fifty Thousand only) was caused to the Government by setting ablaze the police jeep. The petitioner was arrested on 19- 10-2011 and he was remanded to judicial custody. 4. The investigation is in progress. If the petitioner is released on bail at this stage, it is most likely that he would influence, terrorize or intimidate the witnesses and tamper with the evidence. The allegations levelled against the accused are very serious in nature. In the facts and circumstances of the case, I do not think it proper to grant bail to the petitioner at this stage. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE. ds