IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931 Bail Appl..No. 1250 of 2010() ----------------------------- CMP.903/2010 of J.M.F.C.-I,HOSDRUG \ CRIME NO.51/2010 OF CHANDERA POLICE STATION, KASARAGOD. .................... PETITIONER/ACCUSED: -------------------------------------- ASHAR ALI, S/O.AMEER ALI AGED 19 YEARS, NEAR VELLAPPU, VATAKKE TRIKKARIPUR 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. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1250 of 2010 ------------------------------------ Dated this the 2nd day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.51/2010 of Chandera Police Station, Kasaragod. 2. The prosecution case is that 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 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. As per the order dated 22/02/2010 in B.A. Nos.896 & 938 of 2010, bail was granted to accused Nos.5, 6 and 7 in the B.A. No. 1250 /2010 2 case. 5. Taking into account the facts and circumstances of the case, the duration of judicial custody undergone by the petitioner, the nature of the offence and the present state of investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. 6. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class- I, Hosdurg, subject to the following conditions: A) The petitioner shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, 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 surrender his Passport, if any, before the court of the Judicial Magistrate of the First Class- I, Hosdurg within a period of one week. If the petitioner does not hold an Indian Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate within one week. B.A. No. 1250 /2010 3 D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioner 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 Application is allowed as above. K.T. SANKARAN, JUDGE scm