IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 12TH JANUARY 2010 / 22TH POUSHA 1931 Bail Appl..No. 24 of 2010() --------------------------- Cr.NO.852/09 OF TALIPARAMBA POLICE STATION, KANNUR DT. PETITIONER(S): ACCUSED 1 & 2 --------------------------------------------- 1. SADIQUE, S/O. UMMER, AGED 19 YEARS, THATTIKOOTTI HOUSE, THOTTIKKEL, KOOVERI P.O., CHAPPARAPPADAVU VIAL, KOOVERI AMSOM, KANNUR DIST. 2. P.M. MURSHID, S/O. ABOOBACKER, AGED 20 YEARS, THAZHAPURAYIL KAKKARAKATH HOUSE, THOTTIKKEEL, KOOVERI P.O., CHAPPARAPPADAVU VIA, KOOVRI AMSOM, KANNUR DIST. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT(S): --------------- STATE, THROUGH THE STATION HOUSE OFFICER, TALIPARAMBA POLICE STATION KANNUR DISTRICT, (CRIME NO. 852/09 OF ALIPARAMBA POLICE STATION, KANNUR DISTRICT) RPRESENTED BY PUBLIC PROSECUTO, HIGH COURT OF KERALA, AT ERNAKULAM. PUBLIC PROSECUTOR SRI.AMJAD ALI THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.24 of 2010 --------------------------------------------- Dated this the 12th 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.1 and 2 in Cr.No.852 of 2009 of Taliparamba Police Station. 2. The offence alleged against the petitioners is under Section 436 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 29.12.2009, the accused persons set fire to the office room of Sunni Students Federation. It is alleged that the accused persons belong to the rival students union, namely, Samastha Kerala Sunni Students Federation. 4. The first accused was arrested on 31.12.2009. The second accused surrendered before court on 1.1.2010. They are in judicial custody. 5. 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 BA No.24/2010 2 investigation, I am of the view that bail can be granted to the petitioners. The petitioners shall be released on bail on their executing bond for Rs.15,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Taliparamba, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all Sundays, 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