IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 22ND JANUARY 2010 / 2ND MAGHA 1931 Bail Appl..No. 277 of 2010() ---------------------------- CRIME NO.158/2009 OF CHITTARIKKAL POLICE STATION, KASARAGOD PETITIONERS/ACCUSED -------------------------------------- 1. SUBAIR V.A., S/O.A.P.K.YOUSAF, AGED 39 YEARS, VELLAKALLINGAL HOUSE, KAMBALLUR, CHITTARIKKAL VILLAGE, KASARAGOD DISTRICT. 2. RAJESH N., S/O.NARAYANAN, AGED 28 YEARS, NELLUR VEETTIL, KAMBALLUR, CHITTARIKKAL VILLAGE, KASARAGOD DISTRICT. 3. ROOPESH M.V., S/O.DAMODARAN, AGED 19 YEARS, MUNDAYAD VEETTIL, KAMBALLUR, CHITTARIKKAL VILLAGE, KASARAGOD DISTRICT. 4. E.K.RAVEENDRAN, S/O.KUNHIKANNAN, AGED 42 YEARS, ILAVUMKAL, KAMBALLUR, CHITTARIKKAL VILLAGE, KASARAGOD DISTRICT. 5. SAJITH V.P., S/O.RAMACHANDRAN, AGED 19 YEARS, VALIYAPARAMBIL, KAMBALLUR, CHITTARIKKAL VILLAGE, KASARAGOD DISTRICT. 6. SAJEEVAN K., S/O.CHAVANIYAN, AGED 32 YEARS, PANNIKKAN HOUSE, KAMBALLUR, CHITTARIKKAL VILLAGE, KASARAGOD DISTRICT. 7. ANEESH K.V., S/O.VASU, AGED 33 YEARS, KARUVALLIL, KAMBALLUR, CHITTARIKKAL VILLAGE, KASARAGOD DISTRICT. 8. GIREESH T.P., S/O.MUKUNDAN, AGED 29 YEARS, THEKKE PURAYIL, KAMBALLUR, CHITTARIKKAL VILLAGE, KASARAGOD DISTRICT. B.A.NO.277/2010 -2- 9. PARAMBATH KRISHNAN NAIR @ MESTHRI KRISHNAN, S/O.K.NARAYANAN NAIR, AGED 37 YEARS, KAMBALLUR, CHITTARIKKAL VILLAGE, KASARAGOD DISTRICT. 10. SUBHASH V.P., S/O.KORAMAN, AGED 30 YEARS, VADAKKE OORU PARAMBIL, KAMBALLUR, CHITTARIKKAL VILLAGE, KASARAGOD DISTRICT. 11. K.C.JAMES @ JOSEPH, S/O.CHERIYAN, AGED 33 YEARS, MELTHARAYIL HOUSE, KAMBALLUR, CHITTARIKKAL VILLAGE KASARAGOD DISTRICT. BY ADV. SRI.M.SASINDRAN RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, CHITTARIKKAL POLICE STATION, (CR.NO.158 OF 2009), CHITTARIKKAL, KASARAGOD DISTRICT. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.277 of 2010 --------------------------------------------- Dated this the 22nd day of January, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.2, 4, 5, 6, 7, 12, 15, 16, 17, 18 and 19 in Crime No.158 of 2009 of Chittarikkal Police Station, Kasaragod District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 294(b), 506(ii), 436 and 427 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 15.11.2009, at 5.30 P.M., the accused persons set fire to the office of a political party causing loss to the tune of Rs.5 lakhs. The petitioners were arrested on 11.1.2010 and they were remanded to judicial custody. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners. BA No.277/2010 2 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-II, Hosdurg, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, 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 not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; e) 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 csl