IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 Bail Appl..No. 771 of 2008() ---------------------------- CRIME 528/07 OF BEKAL POLICE STATION PETITIONER/ ACCUSED ------------------------ 1. A.K.ASHRAF, S/O.ABDUL KHADAR, AGED 23/08,HAHUMMA QUARTERS KAPPIL, UDUMA VILLAGE. 2. HAIDARALI K.A. @ HAIDAR S/O.ABDULLA K.M. AGED 21/08 JUMA MASJID QUARTERS, KOTTIKULAM PALLIKKERE II VILLAGE. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: ------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE BEKAL POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF EKRALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 771 OF 2008 ```````````````````````````````````````````````````` Dated this the 5th day of February, 2008 O R D E R Application for regular bail. Petitioners are accused Nos.3 and 5. They face allegations in a crime registered for offences punishable, inter alia, under section 436 read with 149 IPC. The alleged incident took place on 10.12.07. The petitioners were arrested on 29.1.08. They continue in custody from 29.1.08. 2. The crux of the allegations raised against the accused persons - altogether there are 14 accused persons, is that they, on account of political animosity, had set fire to a printing press causing damage to the building. Investigation is in progress. One other accused i.e, the 2nd accused, was arrested and it appears that he was enlarged on bail by the learned Magistrate taking the view that the offence comes only under section 435 IPC. BA.771/08 : 2 : 3. The petitioners' application for regular bail was dismissed by the learned Magistrate who, after hearing the learned Public Prosecutor in detail, appears to have taken the view that the offence under section 436 IPC is itself revealed. 4. The learned counsel for the petitioners prays that the petitioners may now be enlarged on bail. The learned Public Prosecutor does not oppose the application for regular bail but only prays that the investigators may be given some further time to complete the investigation and appropriate terms and conditions may be imposed on the petitioners, considering the threat to the law and order situation in the locality. 5. The learned counsel for the petitioners asserts that in as much as another accused has already been released holding that the offence would come only under section 435 IPC, the petitioners herein may also be released on bail now. 6. I have considered all the relevant inputs. I find no merit in the contention that the offence would fall only under BA.771/08 : 3 : section 435 IPC. To ascertain this I have gone through the case diary. Considering the nature of the building which was set to fire and the nature of the damage/destruction suffered, I find no merit in the contention that only an offence under section 435 IPC would lie and the finding to that effect in an earlier bail application cannot deliver any advantage to the petitioners as the learned Magistrate himself appears to have realized the error committed and corrected the same when the present application for bail was considered. 7. Be that as it may, I am satisfied that the petitioners can be granted regular bail subject to appropriate conditions which shall allay the apprehension of the learned Public Prosecutor. 8. In the result, this petition is allowed. The petitioners shall be enlarged on bail on the following terms and conditions:- i) The petitioners shall not be released on bail on the strength of this order prior to 12.2.08. The investigating BA.771/08 : 4 : officer shall, in the meantime, make every endeavour to complete the investigation. ii) The petitioners shall execute bonds for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. iii) The petitioners shall make themselves available for interrogation before the investigating officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of two months from the date of their release and thereafter as and when directed by the investigating officer in writing to do so. (R.BASANT, JUDGE) aks