IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 Bail Appl..No. 9698 of 2011() ----------------------------- CRMP.3354/2011 of DISTRICT COURT, PALAKKAD CRIME NO.782/2011 OF ALATHUR POLICE STATION PALAKKAD DISTRICT .................... PETITIONERS/ACCUSED NOS.1 AND 2 ---------------------------------- 1. LIBIN, S/O.(LATE) VELAYUDHAN, AGED 20 YEARS, NETHYAMPARAMBIL HOUSE, PADUR P.O., ALATHUR, PALAKKAD. 2. RATHEESH, S/O.CHANDRAN, AGED 21 YEARS, NETHYAMPARAMBIL HOUSE, PADUR P.O., ALATHUR, PALAKKAD. BY ADV. SRI.P.S.SREEDHARAN PILLAI SRI.T.K.SANDEEP SRI.ARJUN SREEDHAR SRI.ANEISH RAVINDRA SRI.ARUN KRISHNA DHAN SRI.JOSEPH GEORGE(MULLAKKARIYIL) RESPONDENTS: COMPLAINANT/STATE -------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.9698 of 2011 ---------------------------------------------- Dated this the 01st day of December, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.2 and 3 in Crime No.782 of 2011 of Alathur Police Station, Palakkad District. 2. The offences alleged against the petitioners are under Sections 448, 436 and 427 of the Indian Penal Code. 3. The prosecution case is that on 25/10/2011 at 00.30 hrs., the accused persons poured an inflammable liquid on the auto rickshaw belonging to the de facto complainant and set fire to the auto rickshaw. The auto rickshaw was fully destroyed by fire. The shed was also partly damaged by fire. The de facto complainant's mother sustained burn injuries. 4. The petitioners were arrested on 25/10/2011. It is submitted by the learned Public Prosecutor that accused Nos.1 and 4 are absconding. 5. Heard the learned counsel for the petitioners and the learned Public Prosecutor. I have also perused the case diary. Bail Appln.No.9698/2011 : 2 : 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offences and the present stage of investigation, I am of the view that bail can be granted to the petitioners only with effect from 15/12/2011. 7. The petitioners shall be released on bail with effect from 15/12/2011 on their executing bond for `25,000/- (Rupees Twenty five thousand only) each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Alathur, 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 and Thursdays for a period of two months and thereafter on 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. Bail Appln.No.9698/2011 : 3 : 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 skj