IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 16TH DECEMBER 2009 / 25TH AGRAHAYANA 1931 Bail Appl..No. 7363 of 2009() ------------------------------------ CRIME NO.158/2009 OF CHITTARIKKAL POLICE STATION, KASARAGOD PETITIONERS/ACCUSED NOS.5, 9 & 25 ---------------------------------------------------- 1. V.A.SUBAIR, AGED 39 YEARS, S/O.A.P.K.YOUSAF, VENNAKKALLUNGAL HOUSE, CHITTARIKKAL, KASARAGOD DISTRICT. 2. E.K.RAVEENDRAN, AGED 42 YEARS, S/O.KUNHIKRISHNAN, ELAVUNKAL HOUSE, CHITTARIKKAL, KASARAGOD DISTRICT. 3. K.C.JAMES, AGED 44 YEARS, S/O.CHERIYAN, METHRAYIL, KAMBALLUR P.O., KASARAGOD DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.JOHNY THOMAS RESPONDENTS/COMPLAINANT: ---------------------------------------------- 1. STATE-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, CHITTARIKKAL POLICE STATION, (CRIME NO.158 OF 2009), CHITTARIKKAL, KASARAGOD DISTRICT. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7363 of 2009 ------------------------------------ Dated this the 16th day of December, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos.2, 6 and 19 in Crime No.158/2009 of Chittarikkal Police Station, Kasaragod. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 294(b), 427, 436, 448 and 506(ii) read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 15/11/2009, the accused persons had set fire to the office of a political party. 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations levelled against the accused, I do not think that this is a fit case where anticipatory bail can be granted to the petitioners. The petitioners are not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. Custodial interrogation of the petitioners may be required in this case. If B.A. No. 7363 /2009 2 anticipatory bail is granted, it would adversely affect the proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE scm