IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 Bail Appl..No. 5914 of 2008() ------------------------------------ CRIME NO.183/2008 OF AGALI POLICE STATION PETITIONERS/ACCUSED : ------------------------------- 1. SUNIL BABU, S/O.CHANDRAN, AGED 28, KAKKAD VEEDU, NADUVATH PO., VANDUR, MALAPPURAM. 2. VINOD, S/O.SIVANANDAN, AGED 26, VALIKULANGARA VEEDU, DESAMANGALAM, PALLUR PO., THRISSUR. BY ADV. SRI.K.S.MADHUSOODANAN RESPONDENTS/COMPLAINANT & FORMAL PARTY : -------------------------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE,AGALI POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.5914 of 2008 ------------------------------------------------- Dated this the 24th day of September, 2008 O R D E R This petition is for bail. 2. According to prosecution, petitioners were taken into custody since they were in possession of CDs containing peoples war in Nepal, a public meeting in Manjeri propagating Maoism and various other materials and according to prosecution, they are committing the offences under Sections 121(A) and 124(A) read with Section 34 IPC. 3. Learned counsel for the petitioners submitted that none of the materials seized from petitioners' possession are banned. There is no law prohibiting possession of such materials and the mere possession of such materials will not be sufficient to constitute the offences. Petitioners were arrested on 31.8.2008 (though there taken into custody earlier) and they are in judicial custody for the past 24 days. Hence, they may be granted bail, it is submitted. 4. This petition is opposed. However, learned public BA No.5857/08 2 prosecutor submitted that if bail is granted to the petitioners, it may be on conditions. Hence, bail is granted to the petitioners on the following terms and conditions: (i) Petitioners shall execute bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. (ii) Petitioners shall report before the Superintendent of Police, Palakkad on every Sunday and Thursday between 10 a.m. and 1 p.m. until further orders. (iii) Petitioners shall not enter the limits of the police station within which the crime is registered except with prior permission of the learned Magistrate. (iv) Petitioners shall not commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl