IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 Bail Appl..No. 4506 of 2009 CRIME NO.71 OF 2009 OF KOLAVALLUR POLICE STATION PETITIONERS/ACCUSED NOS.3 TO 7: --------------------------------------- 1. LALISH P.V., S/O.RAJAN PALLERI, AGED 25, VADAKKAYIL KUNIYIL HOUSE, PUTHOOR AMSOM, KOLAVALLUR VILLAGE, THALASSERY. 2. MANGALASSERY ANOOP, S/O.GANGADHARAN, AGED 27, DO. DO. 3. SANTHOSH, S/O.RAJAN, KUNHIPARAMBATH HOUSE, PUTHOOR, DO. DO. 4. JUSHISH, S/O.RAJAN, THALATHIL HOUSE, KOLAVALLUR, DO. DO. 5. KUNIYIL VIJESH, S/O.NANU, AGED 22, THOOVAKUNNU, KOLAVALLUR, DO. DO. BY ADV. SRI.K.S.MADHUSOODANAN SRI.T.V.JAYAKUMAR NAMBOODIRI SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR SMT.K.M.RAMYA RESPONDENT: COMPAINANT AND FORMAL PARTY ------------------------------------------ STATE OF KERALA, REP. BY THE S.H.O. KOLAVALLUR POLICE STATION, THALASSERY. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4506 OF 2009 ------------------------------------------------------ Dated this the 10th August, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.3 to 7 in Crime No.71 of 2009 of Kolavallur Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 427 and 436 read with Section 149 of the Indian Penal Code. 3. The first petitioner (accused No.3) was arrested on 30.4.2009. The third and fourth petitioners (accused Nos.5 and 6) were arrested on 22.4.2009. The second petitioner (accused No.4) and the fifth petitioner (accused No.7) were arrested on 18.6.2009. They are in judicial custody. The charge was laid in the case on 30.5.2009. 4. In spite of the fact that the charge was laid in the case, the learned Sessions Judge denied bail to the petitioners as per the order dated 4.8.2009, on the ground that a loss to tune of Rs.10 B.A. NO. 4506 OF 2009 :: 2 :: lakhs was caused to the de facto complainant by setting on fire his textile shop. 5. It would appear that on 11.3.2009, a person who was running an STD booth was murdered. On the next day, that is, on 12.3.2009, the textile shop of the de facto complainant was allegedly set on fire by 27 named persons and 100 others. First Information Report was registered on 15.3.2009. As stated earlier, charge was laid on 30.5.2009 only against seven persons for the offences mentioned above. Though offences under Sections 3 and 5 of the Explosive Substances Act and Section 379 of the Indian Penal Code were alleged in the First Information Statement, at the time of filing the charge, those offences were not included. 6. Learned counsel for the petitioners submitted that the petitioners are prepared to abide by any conditions while granting bail and that they will not indulge in any prejudicial activities. 7. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offences and the fact that charge was B.A. NO. 4506 OF 2009 :: 3 :: laid in the case, I am of the view that bail can be granted to the petitioners on stringent conditions. 8. The petitioners shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties for the like amount to the satisfaction of the Chief Judicial Magistrate, Thalassery, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, until further orders; b) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; d) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. (K.T.SANKARAN) Judge ahz/