IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931 Bail Appl..No. 84 of 2010() --------------------------- CRIME NO.472 OF 2009 OF CHANDHERA POLICE STATION, KASARAGOD PETITIONERS: ACCUSED NOS.1,3 AND 4: -------------------- 1. ISMAIL M, AGED 22 YEARS, S/O.ABDULLA, RESIDING AT HAJI MANZIL, THEKKEPURAM, PADANNA VILLAGE KASARAGOD DISTRICT. 2. ABDUL GAFOOR, L.K., AGED 22 YEARS, S/O.HAMEED, RESIDING AT GAFOOR MANZIL, THEKKEPURAM, PADANNA VILLAGE, KASARAGOD DISTRICT. 3. JASEER L.K, AGED 21 YEARS, S/O.M.C.MUHAMMED, RESIDING AT L.K. HOUSE, THEKKEPURAM, PADANNA VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.JAWAHAR JOSE RESPONDENT: STATE: --------------- THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.AMJAD ALI THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 84 OF 2010 ------------------------------------------------------ Dated this the 13th day of January, 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.472 of 2009 of Chandhera Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148 and 436 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 4.12.2009, the accused persons set fire to the office of a political party causing loss of Rs.25,000/-. It is alleged that the offence was committed as a result of the political clash between two political parties. The petitioners surrendered before Police on 28.12.2009. They were arrested and produced before Court. The petitioners are in judicial custody since then. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the B.A. NO. 84 OF 2010 :: 2 :: 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. 5. 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 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) Petitioners 1 and 2 shall not enter into the limits of Chandhera Police Station for a period of two months except for complying with conditions (a) and (b); 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 Application is allowed as above. (K.T.SANKARAN) Judge ahz/