Petition under Section 438 Cr.P.C. 2. Petitioners are accused Nos.2, 4, 5, 7 and 8 respectively, in Crime No.466/2014 of Vellayil Police Station, Kozhikode District, registered for the offences punishable under Sections 143, 147, 148, 323, 427, 452 and 506(i) read with Section 149 of the Indian Penal Code.
3. The allegation against the petitioners and other accused is that on 23.10.2014 by noon, they formed themselves into an unlawful assembly armed with deadly weapons, committed rioting, rioting armed with deadly weapons, committed house trespass into the Down Town Coffee House, situated at the side of the P.T. Usha Road, and they smashed and destroyed the glasses affixed at the Coffee House, the furniture, L.E.D. T.V. etc., thereby causing a wrongful loss of ₹2,50,000/- to the Coffee House.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. The contents of the C.D. reveal that the atrocities were staged by some hooligans under the guise of moral policing. It is unfortunate that the petitioners alleged to be members of the youth wing of a political party, have also become members of the said unruly group of hooligans. The matter has to be viewed seriously. It has been pointed out that the said incident has triggered the statewide agitation by some persons under the name 'Kiss of Love'. It is a pity that the said incident of moral policing has kindled statewide immoral activities by certain youngsters.
6. It seems that unnecessarily severe damage has been caused to a Coffee house. The only non-bailable offence is the one alleged under Section 452 of the Indian Penal Code. Considering the facts and circumstances of the case, I am of the view that the de-facto complainant, who sustained severe financial loss, has to be adequately compensated. By making a provision for compensating the loss sustained to the de-facto complainant, I am of the view that anticipatory bail can be granted to the petitioners with stringent conditions.
7. In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioners, is directed to enlarge the petitioners on bail in the event of their arrest on each of them executing a bond for ₹1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:-
(i) Each of the petitioners shall deposit an amount of ₹50,000/- (Rupees fifty thousand only) within a week from today before the court below.
(ii) The petitioners shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Fridays and Tuesdays, commencing from 19.12.2014 for a period of six months.
(iii) Except for complying with condition No.2 above, the petitioners shall not enter Kozhikode district for six months.
(iv) The petitioners shall not tamper with the evidence or influence witnesses.
(v) The petitioners shall make themselves available for interrogation as and when required by the investigating officer.
(vi) The petitioners shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the automatic cancellation of bail, without any further orders.
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B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge