IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 Bail Appl..No. 4202 of 2010() ----------------------------- CMP.28/2010 of C.J.M.,KOLLAM CRIME NO. 471/2010 OF KOTTARAKKARA POLICE STATION .................... PETITIONERS/ACCUSED 1 TO 3 : -------------------------------------- 1. SUBIN @ MUHAMMED KHAN.J., S/O.JALAL, PURAKATTUVEETTIL, THALACHIRA MURI, CHAKKUVARAKKAL VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. 2. AFSAL VAHID, S/O.ABDUL VAHID, MOTTILUMVILA VEEDU, THALACHIRA MURI, CHAKKUVARAKKAL VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. 3. IRSHAD, S/O.MUHAMMED SALIM, ANOORAZHIKATHU VEETTIL, THALACHIRA MURI, CHAKKUVARAKKAL VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL SRI.C.SINOY RESPONDENT/COMPLAINANT & STATE : ----------------------------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOTTARAKKARA POLICE STATION, KOLLAM, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/07/2010 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No. 4202 of 2010 ------------------------------------ Dated this the 12th day of July, 2010 O R D E R Petition for bail. 2. The alleged offence is under Section 153(A) read with Section 34 of the Indian Penal Code. According to prosecution, petitioners(A1 to A3), who were workers of N.D.F. with the intention to promote enmity between Hindu and Muslim Communities, destroyed their flag and decorative articles exhibited at a junction in connection with a festival in a temple. 3. Learned counsel for petitioners submitted that actually petitioners were travelling in a vehicle and it gave side to another KSRTC bus which came from the opposite side in a rash and negligent manner and the vehicle happened to hit decorations of flag etc. but they have not committed any offence as alleged. There is no communal tension in the locality. Petitioners are all aged 17 years and they are students. 4. Learned Public Prosecutor submitted that the submissions made by petitioner's counsel are not correct, as per the case diary. However, petitioners were arrested on 29.06.2010 and they are juveniles and they are in custody for the past 13 days. Hence B.A. No. 4202 / 2010 2 this petition is not opposed but stringent conditions may be imposed, it is submitted. 5. On hearing both sides, considering the various facts submitted by learned Public Prosecutor, I am satisfied that bail can be granted to petitioners on conditions. Hence the following order is passed: Petitioners shall be released on bail on their executing a bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: i) Petitioners shall report before the Investigating Officer as and when directed. ii) In case, petitioners are involved in any similar offence, their bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE ln