IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 Bail Appl..No. 996 of 2010() ---------------------------- CRIME NO.820 OF 2009 OF KASARAGOD POLICE STATION .................... PETITIONER (S): ACCUSED NO.17 ----------------------------------------------- FAIZAL, AGED 23 YEARS, S/O.ABDUL KHADER,PERUMBALA ROAD, HAHI QUARTERS, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): COMPLAINANT -------------------------------------------- STATE OF KERALA, REP. BY INSPECTOR OF POLICE, KASARAGOD POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.996 of 2010 --------------------------------------------- Dated this the 25th day of February, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.17 in Crime No.820 of 2009 of Kasaragod Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 324, 295, 435 and 153A read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 15.11.2009, the accused persons, who came to Kasaragod to attend a meeting of the Indian Union Muslim League, deliberately and willfully pelted stones to Sree Shanmugha Bhajana Mandiram and caused damage to it. Thrisoolam at Goolikathara was thrown away. The persons who were found in the Bhajana Mandiram were beaten up and a motor bike was set on fire. The assailants also damaged four houses near the Bhajana Mandiram. The petitioner was arrested on 3.1.2010 and he was remanded to judicial custody. BA No.996/2010 2 4. The learned counsel for the petitioner submitted that some of the accused who were arrested in the case were granted bail by the Chief Judicial Magistrate on the third day of their arrest. The learned Public Prosecutor submitted that the investigating officer has moved the learned Sessions Judge for cancellation of their bail. 5. The allegations levelled against the petitioner and the other accused are grave in nature. On account of the incidents which took place on 15.11.2009 at Kasaragod, several crimes were registered. The petitioner was arrested in connection with Crime No.16 of 2010 and his formal arrest was recorded in the present case on 3.1.2010. 6. The investigation is in progress. The offences alleged are very grave. Communal clashes go on every now and then in Kasaragod. In the case reported in Sudhish Vs. State of Kerala (ILR 2009(4) Kerala 350), a report was called from the District Superintendent of Police, Kasaragod. The report shows that alarming increase in the number of communal clashes occurred in Kasaragod during the last three years. In spite of registering several cases on account of the communal clashes, BA No.996/2010 3 such clashes continue to exist in Kasaragod Taluk. The incident occurred on the date on which the meeting of the Indian Union Muslim League was going on. It is alleged that there was no provocation, and without any provocation, the attack was made on the Gurumandiram and the persons found there. 7. Since the investigation is going on, it is not proper, in the facts and circumstances of the case, to release the petitioner on bail at this stage. If the petitioner is released on bail at this stage, it would adversely affect the proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE csl