IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 Bail Appl..No. 5571 of 2008() CRIME NO. 462/2008 OF PAVARATTY POLICE STATION PETITONERS --------------------------- 1. MUHAMMED FASIL, SON OF ABOOBACKER, MUSLIM VEETTIL (H), ALIKKAKKULAM, PANGU DESOM, ELAVALLY VILLAGE, CHAVAKKAD TALUK. 2. MUHAMMED AFSAL, SON OF RASHEED, PANIKKAVEETTIL (H), RESIDING NEAR CHOWALLOOR BADARU MOSQUE, KANDANSSERY VILLAGE, CHAVAKKAD TALUK. BY ADV. SRI.RAJIT RESPONDENT: ------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 5571 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of September,2008 O R D E R Petition for bail. 2. The alleged offences are under sections 120(B), 153(A), 143, 147, 447, 435, 427 read with section 149 IPC. According to prosecution, petitioners along with other accused trespassed into the residential compound of defacto-complainant at 0.30 hours on 23-8-2008 and set fire to autorickshaw and motor cycle which were parked there. 3. Learned counsel for the petitioners submitted that as per F.I.R, only four persons had gone to the place of occurrence and the involvement of only four persons are mentioned in the F.I.R. But, subsequently, petitioners are falsely implicated and it is now alleged that they had also taken part in the offence. Petitioners are absolutely innocence of the allegations. The 1st petitioner is aged 21 years and he is working in a medical shop and 2nd petitioner is aged 19 years and he is a student in computer application. 4. This petition is opposed. It is submitted by learned Public Prosecutor that prohibitory order is issued in the locality and it is likely that release of petitioners on bail may create problems in the locality. 5. On hearing both sides, taking into account the BA 5571 /08 -2- discrepancy pointed out by the learned counsel for the petitioners regarding involvement of the number of persons, I find that bail on stringent conditions can be granted to petitioners, who are in custody from 24-8-2008 onwards. 3. Hence, petitioners are granted bail on the following terms and conditions:- 1) Petitioners shall be released on bail on their executing a bond for Rs.25,000/- each with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate. 2) Petitioners shall report before the Circle Inspector of Police, Chavakkad on every Monday and Thursday between 5 p.m. and 8 p.m. until further orders. 3) Petitioners shall not enter the limits of the police station within which the crime is registered except with the prior permission of the learned Magistrate. 4) Petitioner shall not intimidate or influence any witness or tamper with evidence or BA 5571 /08 -3- commit any offence while on bail and in case breach of this condition, bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE. mn.