IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 Bail Appl..No. 896 of 2010 CRIME NO.51 OF 2010 OF CHANDERA POLICE STATION, KASARAGOD PETITIONER: ACCUSED NO.6: --------------------------------- FAIZ U.P., S/O.K.A.MUHAMMED KUNHI, AGED 24 YEARS, KADEEJA VILLA, BIRICHERY, THEKKE TRIKARIPUR. BY ADV. SRI.SUNNY MATHEW RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, CHANDERA POLICE STATION, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/2/2010, THE COURT ON 22/02/2010, ALONG WITH BA NO.938 OF 2010 PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NOS.896 & 938 OF 2010 ------------------------------------------------------ Dated this the 22nd day of February, 2010 O R D E R B.A. No.896 of 2010 is filed by Accused No.6 (Faiz .U.P.) and B.A. No.938 of 2010 is filed by Accused Nos.5 and 7 (Shamseer. K.K. and Najeeb O.T.) in Crime No.51 of 2010 of Chandera Police Station, Kasaragod, under Section 439 of the Code of Criminal Procedure. 2. The prosecution case is that the on 28-1-2010 at about 3 A.M., the accused persons, who are workers of NDF (National Democratic Front) broke open the lock of Navodaya Vayanasala and Grandhalayam at Elambachi, South Trikkaripur, Kasaragod District and set fire to the library books, furniture and Television and caused a loss of Rs. 50,000/-. The offences alleged against the accused are under Sections 143, 147, 148, 452, 436 read with Section 149 of the Indian Penal Code. 3. It is stated that the persons in charge of the library belong B.A. NOS.896 & 938 OF 2010 :: 2 :: to Communist Party of India (Marxist). The accused belong to NDF. It is stated that several clashes took place in the District between the workers of CPI (M) and NDF. 4. The petitioners were arrested on 29-1-2010 and they were remanded to judicial custody. The Judicial Magistrate of the First Class I, Hosdurg dismissed the applications for bail filed by the petitioners, as per the orders dated 30th January 2010 and 2nd February 2010. Investigation has progressed thereafter. 5. Taking into account the facts and circumstances of the case, the duration of judicial custody undergone by the petitioners, the nature of the offence and the present state of investigation, I am of the view that bail can be granted to the petitioners on stringent conditions. 6. The petitioners shall be released on bail on their executing bond for Rs. 25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class I, Hosdurg, subject to the following conditions: B.A. NOS.896 & 938 OF 2010 :: 3 :: (A) The petitioners shall report before the investigating officer between 9A.M. and 11 A.M. on all Mondays and Thursdays, 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 surrender their passports before the Court of the Judicial Magistrate of the First Class I, Hosdurg, within a period of one week. If any of the petitioners does not hold an Indian Passport, he shall file an affidavit to that effect before the learned Magistrate within one week; (D) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; (E) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; (F) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Applications are allowed as above. (K.T.SANKARAN) Judge ahz/