IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 Bail Appl..No. 10460 of 2011 CRIME NO.1137 OF 2011 OF HOSDURG POLICE STATION, KASARAGOD. PETITIONER : ACCUSED NO.15: ------------------------------ K.K.ALI @MUHAMMEDALI S/O.MUHAMMED.K.,AGED 22 YEARS, KAKKAD HOUSE,RAMEESA MANZIL, KANDATHIL, KALLURAVI, KANHANGAD VILLAGE BY ADV. SRI.SUNNY MATHEW RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, HOSDURG POLICE STATION, KASARAGOD DISTRICT REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 10460 OF 2011 ------------------------------------------------------ Dated this the 21st day of December, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioner is accused No.15 in Crime No.1137 of 2011 of Hosdurg Police Station, Kasaragod District. 2. The offences alleged against the accused are under Sections 143, 147, 148, 452, 427, 436, 506(ii) and 153A read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 11.10.2011 at 11 A.M., the accused persons formed themselves into an unlawful assembly armed with deadly weapons, trespassed into the house of the defacto complainant and destroyed the handrails, show case, television, tiles, water pipes, window panes and broke open the door and set fire to the car of the defacto complainant, causing a loss of 3,73,357/- to the defacto complainant. It is also alleged that they shouted slogans to promote enmity among different groups on the ground of religion. BAIL APPL. NO.10460 OF 2011 :: 2 :: 4. The petitioner was arrested on 15.11.2011 and he was remanded to judicial custody. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner, however, only with effect from 29.12.2011. 6. The petitioner shall be released on bail only on 29.12.2011 on his executing bond for Rupees Twenty five thousand 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 petitioner shall surrender his Passport before the Court of the Judicial Magistrate of the First Class I, Hosdurg. If the petitioner does not have a Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate; BAIL APPL. NO.10460 OF 2011 :: 3 :: b) The petitioner 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 petitioner shall appear before the investigating officer for interrogation as and when required; d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioner 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/