IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 Bail Appl..No. 1056 of 2010() ----------------------------- CMP.711/2010 of J.M.F.C.-I,HOSDRUG CRIME NO. 51/2010 OF CHANDERA POLICE STATION .................... PETITIONERS/ACCUSED NOS.1,3 AND 4 : ----------------------------------------------- 1. FASIL, S/O.K.A.MUHAMMED KUNHI, AGED 21 YEARS, BEERICHERY, NEAR JAMAYAT MOSQUE, THEKKE TRIKARIPUR. 2. ISMAIL, S/O.IBRAHIM, AGED 26 YEARS, BEERICHERI, THEKKE TRIKARIPUR. 3. SHIHAS, S/O.MOHAMMED KUNHI, AGED 20 YEARS, BEERICHERI, 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. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.1056 of 2010 ------------------------------------ Dated this the 23rd day of February, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.1, 3 and 4 in Crime No.51/2010 of Chandera Police Station, Kasaragod. 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 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 surrendered before the court on B.A. No. 1056/2010 2 8/2/2010 and they were remanded to judicial custody. 5. 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. 6. 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. 7. 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: 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; B.A. No. 1056/2010 3 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 scm