IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 Bail Appl..No. 3110 of 2010() ----------------------------- CRIME NO.271/09 OF CHOMABALA POLICE STATION, KOZHIKODE. (S): PETITIONER/ACCUSED -------------------------------------- SHAHEER C., S/O. ABOOBACKER, CHELLIYIL HOUSE, CHOMBALA AMSOM, VATAKARA, KOZHIKODE DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): --------------- STATE OF KERALA THROUGH THE SUB INSEPCTOR OF POLICE, CHOMBALA POLICE STATION, KOZHIKODE DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/06/2010, ALONG WITH B.A.3459/10 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application Nos.3110 & 3459 of 2010 ---------------------------------------------- Dated 3rd June, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 436, 447 and 427 of the Indian Penal Code. According to prosecution, petitioners along with some other accused set fire to a Muslim League office and caused a loss of Rs.10 lakhs. The incident happened on 23.11.2009. 3. Learned counsel for petitioners submitted that petitioners are accused Nos.3 and 4, but they are innocent of the allegations made. They are implicated on the basis of a statement given by a witness, who is alleged to have witnessed the incident, but the statement was recorded only after 8 months of the incident. Though one of the accused was arrested and he was interrogated, he has not implicated petitioners. Petitioners are falsely implicated and they apprehend arrest, it is submitted. 4. Learned Public Prosecutor submitted that the witness stated that he came to know about the involvement of petitioners only from an extra judicial confession made by one of BA NO.3459/10 2 the accused. At the same time, in the statement given before the Magistrate under Section 164 of the Criminal Procedure Code, he stated that he had witnessed the incident. But, towards the end of the same statement, he also stated that he had not seen the incident. It is also conceded that in the statement of the co- accused, petitioners' names are not mentioned. 5. On hearing both sides and considering the various facts discussed above, I am satisfied that petitioners can be granted anticipatory bail. Hence, the following order is passed : Petitioners shall surrender before the Magistrate Court concerned within seven days from today. They shall be released on bail on their executing bond for Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate, on the following conditions: (i) Petitioners shall report before the Investigating Officer as and when directed and shall co-operate with the BA NO.3459/10 3 investigation. (ii) Petitioners shall not commit any offence of similar nature, while on bail. Petition is allowed. K.HEMA, JUDGE. tgs