IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 Bail Appl..No. 9426 of 2011 CRIME NO.320 OF 2011 OF AMBALATHARA POLICE STATION, KASARAGOD. PETITIONERS/ACCUSED NOS.1 TO 4: 1. SASI K. @ CHITTA SASI, AGED 30 YEARS, S/O.K.T.KRISHNAN, CHALINKAL (H), CHALINKAL, PULLUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. 2. K.RAVI @ BHAIRAVAN, AGED 29, S/O.K.KOTTAN, CHALINKAL (H), CHALINKAL, PULLUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. 3. K.S.KRISHNAN @ SHILPI KRISHNAN, AGED 41 YEARS, S/O.KESHAVA SHILPI, KAMMUTTIL VEEDU, KAMMUTTIL, NAMBIARADUKAM, PULLUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. 4. ASHOKAN A., AGED 30 YEARS, S/O.BALAKRISHNAN, CHALINKAL COLONY, PULLUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.A.ARUNKUMAR RESPONDENTS: COMPLAINANT 1. STATE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, AMBALATHARA POLICE STATION, (CRIME NO.320 OF 2011), AMBALATHARA, KASARAGOD DISTRICT. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9426 OF 2011 ------------------------------------------------------ Dated this the 22nd 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.1 to 4 in Crime No.320 of 2011 of Ambalathara Police Station, Kasaragod District. 2. The offences alleged against the accused are under Sections 143, 147, 148, 448, 427 and 153A read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 11.10.2011 at 2 P.M., the accused formed themselves into an unlawful assembly, entered into the residential compound of the defacto complainant, shouted slogans against another community and destroyed the window panes etc., causing a loss of `20,000/- to the defacto complainant. Accused No.1 was arrested on 12.10.2011, accused Nos.2 and 4 were arrested on 31.10.2011 and accused No.3 was arrested on 15.10.20111. BAIL APPL. NO.9426 OF 2011 :: 2 :: 4. 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 30.11.2011. 5. The petitioners shall be released on bail only on 30.11.2011 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; c) The petitioners shall appear before the investigating officer for interrogation as and when required; BAIL APPL. NO.9426 OF 2011 :: 3 :: 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/