IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929 Bail Appl..No. 996 of 2008(M) ----------------------------- CRIME NO.80/08 OF BEKKAL POLICE STATION CMP.516/2008 of J.M.F.C.-II,HOSDRUG .................... PETITIONERS/ACCUSED ---------------------------- 1. MUHAMMED ASIF K.T. S/O.IBRAHIM, AGED 19 YEARS, ARAFATH MANZIL CHEMMANAD, CHEMMANAD VILLAGE. 2. ABDUL BASITH,S/O. AHAMMAD .K. AGED 24 YEARS, KOVVAL HOUSE, CHEMMANAD, CHEMMANAD VILLAGE. 3. MUNEEB RAHMAN P.M.S/O.MUHAMMAD AGED 19 YEARS, KOLATHOTTI HOUSE, CHEMMANAD, CHEMMANAD VILLAGE. 4. ALTHAF B.K.,S/O.KUNNALI,AGED 19 YEARS KOLATHOTTI HOUSE,CHEMMANAD, CHEMMANAD VILLAGE. BY ADV. SRI.SALIM V.S. RESPONDENTS: ------------- 1. S.H.O. ,. BEKAL. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 996 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of February, 2008 O R D E R Application for regular bail. The petitioners face allegations in a crime registered for offences punishable, inter alia, under Section 153A I.P.C. The petitioners are allegedly members of Islamic Students Association. The crux of the allegations against them is that they tried to destroy and deface an advertisement board which was kept in respect of a function/ceremony in a temple. This, it was alleged, is calculated to cause disaffection between the members of the two religions. All the four petitioners were arrested at the scene of the crime. They continue in custody from 6.2.2008. Investigation is not complete. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. There was no intention whatsoever to destroy or deface the advertisement board in respect of the temple function. There was only an innocuous B.A.No. 996 of 2008 2 dispute as to whether a banner tied by the petitioners obstructs the said advertisement board regarding the temple function. From these innocuous disputes, unnecessary false allegations are being raised. In these circumstances it is prayed that the petitioners may now be enlarged on bail. 3. The learned Prosecutor opposes the application. He submits that the investigation is not complete. Allegations are serious. Release of the petitioners is likely to upset the delicate law and order situation in the locality. If this Court were inclined to grant bail to the petitioners, some further time may be granted to the police to complete the investigation and appropriate conditions may be imposed in the interests of maintenance of law and order situation in the locality. All the petitioners are young men, aged 19 years (A1, 3 and 4) and 24 years (4th petitioner). 4. Having considered all the relevant inputs, I am satisfied that the petitioners can now be directed to be enlarged on bail subject to appropriate terms and conditions. 5. In the result: 1) This application is allowed. B.A.No. 996 of 2008 3 2) The petitioner shall be released on bail on the following terms and conditions. (a) The petitioners shall not be released from custody on the strength of this order prior to 25.2.2008. The Investigators shall in the meantime make every endeavour to complete the investigation. (b) They shall execute bonds for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. (c) They shall make themselves available for interrogation before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of two months from the date of their release and thereafter as and when directed by the Investigating Officer in writing to do so. (d) During the said period of two months, the petitioners shall not enter the Sessions Division of Kasaragod, except for the purpose of complying with condition © above, without the prior permission of the learned Magistrate. (R. BASANT) tm Judge B.A.No. 996 of 2008 4 tm