IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD MARCH 2010 / 12TH PHALGUNA 1931 Bail Appl..No. 1237 of 2010() -------------------------------- CRIME NO. 93/2010 OF KADIRUR POLICE STATION .................... PETITIONERS/ACCUSED : ----------------------------- 1. PRASANTH P., S/O. THOTTATHI ANANDAN, AGED 36 YEARS, "ANANDAM", P.O.PONNIYAM. 2. SHANIL KUMAR T., S/O. GOPALAN, AGED 36 YEARS, PULUKKANTAVADA HOUSE, P.O.PONNIYAM. 3. V.P.SAJILESH, S/O. RAMAKRISHNAN, AGED 24 YEARS, MANJULAN HOUSE, P.O.PONNIYAM. 4. RAMESH BABU K., S/O. RAGHAVAN, AGED 38 YEARS, THEKKETHAYYIL HOUSE, P.O.PONNIYAM. 5. RAFNAS, S/O. KASIM, AGED 20 YEARS, RASHID MANZIL, KADIRUR. 6. KANEESH K., AGED 22 YEARS, KALIPPOYIL HOUSE, P.O.PONNIYAM. 7. SAJIR, S/O. RAFEEQ, AGED 26 YEARS, VANIYANTAVIDA HOUSE, P.O.CHAMBAD. 8. VANNANTAVIDA SHIJU, S/O. MOHANAN, AGED 24 YEARS, VANNANTAVIDA HOUSE, P.O.PONNIYAM. BY ADV. SRI.S.RAJEEV RESPONDENT/STATE: ------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.93 OF 2010 OF KADIRUR POLICE STATION). BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1237 of 2010 ------------------------------------ Dated this the 3rd day of March, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos. 1 to 3, 5, 6, 7, 8 and 9 in Crime No.93/2010 of Kadirur Police Station, Kannur District. 2. The offences alleged against the petitioners are under Sections 143, 147 and 149 of the Indian Penal Code and Sections 6, 7 and 9 of the Religious Institutions (Prevention of Misuse) Act, 1988. 3. The case was registered suo motu by the Sub Inspector of Police, Kadirur Police Station. 4. The prosecution case is the following: In connection with the festival in Kadambil Temple, Kadirur, there was a procession in which “Kalasam” was taken. The accused persons belong to Communist Party of India(Marxist) and DYFI. Clashes between CPI (M) and R.S.S. workers used to occur in the area. It is alleged that the accused persons willfully and deliberately painted on the “Kalasams” the colour and some of B.A. No. 1237 of 2010 2 the symbols of their political party and organisation. 5. The petitioners apprehend arrest in connection with the crime. It is submitted by the learned counsel for the petitioners that the only non bailable offence alleged against the petitioners is under Section 7 of the Religious Institutions (Prevention of Misuse) Act, 1988 and that in the facts and circumstances of the case, Sections 7 is not attracted. It is submitted that under Section 7, only the Manager or any person connected with the administration of the religious institution would be liable. It is not necessary to arrive at a final conclusion on these aspects in this Bail application. 6. Taking into account the facts and circumstances of the case, I am of the view that anticipatory bail can be granted to the petitioners. I do not think that custodial interrogation of the petitioners is required in the case. There will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for Rs. 15,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: B.A. No. 1237 of 2010 3 A) The petitioners shall report before the investigating officer between 9 A.M and 11 A.M. on alternate Mondays, till the final report is filed or until further orders; B) The petitioners shall appear before the investigating officer for interrogation as and when required; C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE ln