IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 Bail Appl..No. 608 of 2008() ---------------------------- CRIME NO.4/08 OF KUMILY POLICE STATION PETITIONER/ACCUSED ----------------------------------- ALTHAF AHAMMED, S/O ABDUL RASHEED KHAN, HALAL AMIDA KADAL JOGIVAN, LAL BAZAR, SREENAGAR, JAMMU AND KASHMIR, NOR WORKING AS SALESMAN, INDOCRAFTS, THEKKADY JUNCTION, KUMILY. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENTS: STATE ------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KUMILY POLICE STATION, IDUKKI DIST. ADDL. 3. DIRECTOR GENERALA OF POLICE O/O. DIRECTOR GENERAL OF POLICE OF JAMMU AND KASHMIR, JAMMU, JAMMU AND KASHMIR. 4. UNION OF INDIA REPRESENTED BY SECRETARY MINISTRY OF HOME AFFAIRS, NEW DELHI. ADDL.R3 & R4 IMPLEADED AS PER ORDER DT.4.2.08 IN CRL.M.A. 523/08 IN BA 608 OF 2008. R4 BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR R1 TO 3 BY D.G.P. SRI. P.G. THAMPI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/02/2008, ALONG WITH BA NO. 613 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.Nos. 608 & 613 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of February, 2008 O R D E R The common petitioner in these applications is a person hailing from Kashmir. He has criminal antecedents. All those incidents relate to 1994 to 1998. In one such case he has already been found not guilty and acquitted. In one case under TADA, it is alleged that he has undergone imprisonment for a period of two years. He migrated to Kerala and is now residing with his brother, who is carrying on business within the limits of Kumily police station. 2. On suspicion that the petitioner has criminal antecedents and is engaging himself in terrorist activities, suspicious arrest was effected under section 41(1)(d ) Cr.P.C. on 5.1.2008. He continues in custody from that date. The police had reasons further to suspect his involvement as the identity card held by him and the passport showed different names. Allegations are later raised inter alia under Section 468 I.P.C. Further B.A.Nos. 608 & 613 of 2008 2 investigation revealed that he was making use of a telephone secured in the name of a lady of the locality, who had nothing to do with him. In collusion with a dealer in cell phone and cell cards he had taken a mobile connection in the name of the lady and was found using it. These circumstances aroused suspicion and he was arrested on 5.1.2008 by the Kumily police and Crime No.4 of 2008 was registered. 3. In the course of investigation, Crime No.10 of 2008 has been registered in respect of the cell connection obtained in the fake name. His arrest was recorded in Crime No. 10 of 2008 on 18.1.2008. 4. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. It is true that the petitioner was earlier involved in some cases. But at any rate, such involvement in the 90s should not expose the petitioner to undeserved arrest and detention at this point of time, submits the counsel. In these circumstances the petitioner may be released on bail on appropriate terms and conditions, prays the learned counsel. 5. Notice was given to the learned D.G.P. and the learned ASGI. It is now reported that except these two cases, one in 1994, in which he has undergone sentence of imprisonment and the other in 1998, in B.A.Nos. 608 & 613 of 2008 3 which he has already been acquitted for the offence committed in Kashmir, no other allegations or involvement in other crimes have been there during the interregnum. 6. In reply to a specific query by this Court, it is conceded by both the D.G.P. and the ASGI that the petitioner is not shown to have been involved in any terrorist or subversive activities thereafter. It is significant to note that the Central or State Governments have not been able to raise any SUCH allegation against the petitioner though he remains in custody from 5.1.08. I am, in these circumstances, satisfied that subject to appropriate conditions the petitioner can be granted regular bail. 7. The learned D.G.P. reports that so far Crime No.10 of 2008 is concerned, final report has already been filed. Appropriate conditions which shall adequately secure the interests of a proper investigation and shall allay the apprehension aired by the learned D.G.P. about the possibility of his involvement in terrorist activities can be imposed. 8. In the result: 1) These applications are allowed. B.A.Nos. 608 & 613 of 2008 4 2) The petitioner shall be released on bail on the following terms and conditions. (a) The petitioner shall, in each case, execute a bond for Rs.3,00,000/- (Rupees three lakhs only) with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. (b) He shall, until further orders, report before the Investigating Officer in Crime No.4 of 2008 between 5p.m. and 6 p.m. on all Mondays and Fridays. © The petitioner shall not leave the jurisdiction of Kumily police station until further orders without the prior permission of the learned Magistrate. (R. BASANT) Judge tm