IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 Bail Appl..No. 9954 of 2011() ----------------------------- CMP.4882A/2011 of J.M.F.C.-II, KOCHI Crime No.2073 of 2011 of Kochi Kasba Police Station, Ernakulam District. .................... PETITIONER/ACCUSED -------------------------------------- SAJAN, AGED 37 YEARS, S/O.JACOB, VALIYAVEETIL HOUSE, PERUMBADAPPU, KOCHI. BY ADV. SRI.T.K.RAJESHKUMAR RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KOCHI KASBA POLICE STATION. BY P.P.SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 9954 OF 2011 --------------------------------- Dated this the 20th day of December, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.5 in Crime No.2073 of 2011 of Kochi Kasba Police Station, Ernakulam District. 2.The offences alleged against the petitioner are under Sections 120-B and 436 read with 34 of the Indian Penal Code. 3.The prosecution case is that on 8.10.2011, the accused persons hatched a criminal conspiracy to set fire to the house of one Unni, the younger brother of the defacto complainant and in pursuance to that conspiracy, a petrol bomb was hurled by accused Nos.1 to 3 on the house of Unni. As a result of the explosion, the door of the house got B.A.No. 9954 OF 2011 2 destroyed and a loss of `10,000/- was sustained to Unni. 4. The petitioner surrendered before the Court in Crime No.1925 of 2011 of Palluruthy Police Station, and his formal arrest was recorded in the present case on 8.11.2011. 5. The learned Public Prosecutor very vehemently opposed the Bail Application. He submitted that the petitioner is involved in 14 cases. The petitioner was a detenue under the Kerala Anti-social Activities Prevention Act. The learned counsel for the petitioner submitted that all the cases mentioned by the Public Prosecutor were of the years 1986 to 2009. It is also submitted by the learned counsel for the petitioner that all the cases except one were disposed of and the petitioner was acquitted. 6.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 with effect from 27.12.2011. B.A.No. 9954 OF 2011 3 7.The petitioner shall be released on bail only on 27.12.2011 on his executing bond for `25,000/-(Rupees Twenty Five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Kochi, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M on all Wednesdays and Fridays for a period of two months, and thereafter on all Wednesdays, till the final report is filed or until further orders. B) The petitioner shall appear before the investigating officer for interrogation as and when required; C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) The petitioner shall cooperate with the investigating officer in the matter of investigation. F) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. B.A.No. 9954 OF 2011 4 The Bail Application is allowed as above. K.T.SANKARAN, JUDGE cms