IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 Bail Appl..No. 5584 of 2009 CRIME NO.2232 OF 2009 OF ALUVA POLICE STATION PETITIONER/1ST ACCUSED: ------------------------------------------- P.P.UVAISE HAJI, AGED 49 YEARS, S/O.P.K.SUBAIR HAJI, MAYFIELD, EDATHALA NORTH, ALUVA. BY ADV. SRI.P.K.IBRAHIM SRI.C.N.GOPAKUMAR RESPONDENT: COMPLAINANT: --------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5584 OF 2009 ------------------------------------------------------ Dated this the 7th day of October, 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 first accused in Crime No.2232 of 2009 of Aluva Police Station. 2. The offences alleged against the accused persons are under Sections 304 and 308 read with Section 34 of the Indian Penal Code. 3. The petitioner is the Muthavalli of a Wakf, namely, Al- Jamiathul Kauzariya at Edathala. The Wakf has ownership over an extent of 50 cents of land. That property was leased out to Muhammed Ibrahim Turk, the second accused, as per the lease deed dated 30.10.2008. The lease deed was executed and signed by the petitioner in his capacity as the Muthavalli of the Wakf. The second accused was an Engineer. The lease was for the purpose of setting up a Biogas Plant in the property. The second accused was involved in the work of the project. Several persons were employed B.A. NO. 5584 OF 2009 :: 2 :: for construction of the Biogas Plant. On 26.8.2009, when the welding work was going on, the storage plant bursted. Three persons died on the spot. The second accused also sustained serious injuries. Later, the second accused succumbed to the injuries. 4. The petitioner now apprehends arrest. It is submitted that even if all the allegations are true, the petitioner, who is the lessor, cannot be made criminally liable for the mishap. The petitioner was acting in his capacity as the Muthavalli in leasing out the property. It is submitted that the petitioner had no connection whatsoever with the setting up of the Biogas Plant or in the works undertaken by the second accused. 5. For the purpose of disposal of this Bail Application, it is not necessary to arrive at a finding on the aforesaid submission made by the learned counsel for the petitioner. These are all matters for consideration by the trial court at the time of trial and disposal of the case. 6. Taking into account the peculiar facts and circumstances of B.A. NO. 5584 OF 2009 :: 3 :: the case, I am of the view that the petitioner is entitled to get anticipatory bail. 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 report before the investigating officer between 9 A.M. and 11 A.M. on every Monday, for a period of one month; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner 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 to the extent indicated above. (K.T.SANKARAN) Judge ahz/