IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 2ND JULY 2009 / 11TH ASHADHA 1931 Bail Appl..No. 3646 of 2009 ----------------------------- CRIME NO.33/09 OF ANDROTT POLICE STATION, LAKSHADWEEP .............. PETITIONER/7TH ACCUSED: ------------------------------ HAMZAKOYA KARUKKADA, S/O. SAYED MOHAMMED ANDROTT ISLAND- LAKSHADWEEP. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) RESPONDENT/COMPLAINANT: -------------------------------- STATE OF KERALA,REPRESENTED BY STANDING COUSEL FOR UNION TERRITORY OF LAKSHADWEEP,HIGH COURT OF KERALA,ERNAKULAM. ADV. SRI.S.RADHAKRISHNAN,SC,LAKSHADWEEP ADMN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 3646 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of July, 2009 O R D E R Petitioner is the 7th accused in Crime No.33 of 2009 of Andrott Police Station. Under Annexure I FIR based on a written complaint furnished by Bithunattu Kunjiseethi against 12 persons alleging that on 05.06.09 at about 3 a.m., they set fire to the shed situated in between their house and fiber factory and taken away the provisional articles shown therein, a case was registered for the offences under Sections 143, 380, 436 and 457 r/w Section 149 IPC. Petitioner is shown as the 7th accused. He was arrested on 24.06.09 and was produced before the learned Magistrate and remanded to judicial custody till 08.07.09. Though petitioner filed Crl.MP No.78 of 2009 under Section 437 of Code of Criminal Procedure to grant him bail, learned Magistrate under Annexure II order dismissed the petition holding that if bail is granted at this stage, it would affect the progress of the investigation. 2. This petition is filed for bail contending that petitioner is a teacher by profession and because of the trauma of arrest he suffered heart attack and was taken to hospital and is undergoing B.A. No.3646/09 -:2:- treatment and he is innocent and the case is foisted out of the political dispute between the members of Indian National Congress and National Congress Party, subsequent to the general election and therefore, petitioner is to be granted bail. 3. Learned Prosecutor appearing the Lakshadweep administration opposed the application. He submitted that for the purpose of investigation, custodial interrogation of the petitioner is necessary and the looted articles are to be recovered and in these circumstances petitioner may not be granted bail. 4. On hearing the learned counsel appearing for the petitioner and the learned Public Prosecutor, I find no reason to confine the petitioner in custody further. It is a fit case to grant bail to the petitioner on sufficient conditions. Petition allowed. Release petitioner on bail on executing a bond for Rs.10,000/- (Rupees Ten thousand only) with two solvent sureties each for the like sum to the satisfaction of Judicial First Class Magistrate, Lakshadweep on the following conditions: i. Petitioner shall not induce or threaten any witness or in any way interfere with the investigation. B.A. No.3646/09 -:3:- ii. Petitioner shall appear before the Investigating Officer on every Saturday from 10 a.m. To 1 p.m. till the final report is submitted or until otherwise ordered. In addition, petitioner shall make himself available for interrogation as and when needed by the Investigating Officer. M. SASIDHARAN NAMBIAR, JUDGE ttb