IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH JUNE 2009 / 28TH JYAISHTA 1931 Bail Appl..No. 3048 of 2009() ---------------------------------- CRIME NO.133/2009 OF THE HOSDURG POLICE STATION PETITIONER/2ND ACCUSED: ------------------------------------------ ARSHAD, SON OF ABDULLA, AFZAL MANZIL, NHANIKADAVU, OZHINHAVALAPPU, P.O.PADANNAKKAD, KASARAGOD DISTRICT. BY ADV. SRI.M.RAMESH CHANDER RESPONDENT/ STATE: ------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. SRI. M.S BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.3048 of 2009 ------------------------------------ Dated this the 18th day of June, 2009 O R D E R This is an application for anticipatory bail under section 438 of the Code of Criminal Procedure. The petitioner is the 2nd accused in Crime No.133/2009 of Hosdurg Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 447 and 436 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 15/02/2009 at 2 A.M., the accused persons set fire to a thatched shed in the property of one Vimala, which was being used as the branch office of the Communist Party of India, Marxist. The First Information statement was given by the Branch Secretary of the party on 17/02/2009. It is stated that he was not in place at the relevant time. In the F.I. statement, it is stated that one Narayanan had seen the incident and he reported the same to the defacto complainant. The case diary does not disclose that Narayanan was questioned. None of the persons who were questioned, stated that he had seen the incident. 4. Taking into account the facts and circumstances of B.A. No.3048 /2009 2 the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioner shall appear before the investigating officer for interrogation as and when required; B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. D) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE scm