IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 Bail Appl..No. 5517 of 2009() ----------------------------- CRIME NO.147/09 OF PULPALLY POLICE STATION .................... PETITIONER (S): ACCUSED -------------------- SINOJ V.S.,S/O. SURENDRAN, AGED 32, VELAKKATTU VEEDU, THAMBANKADAVU, THALIKULAM, THRISSUR. 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(S): COMPLAINANT --------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, PULPALLY POLICE STATION, PULPALLY. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5517 of 2009 --------------------------------------------- Dated this the 5th day of October, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.147 of 2009 of Pulpally Police Station. 2. The offences alleged against the petitioner are under Sections 3 and 10 of the Unlawful Activities (Prevention) Act and Section 153B of the Indian Penal Code. 3. The prosecution case is that the petitioner is an activist of Communist Party of India (Maoist) which is an organisation banned by the Central Government under the Unlawful Activities (Prevention) Act. The prosecution alleges that the petitioner attended several meetings of the activists of CPI (Maoist) at Pulpally and they have planned several illegal activities to destabilise the country. 4. The learned Public Prosecutor submitted that CPI (ML), Maoist Communist Centre and all their Front organisations were banned by the Central Government. Later, CPI(ML) and BA No.5517/2009 2 Maoist Communist Centre merged into CPI (Maoist). Subsequently, the Central Government banned the CPI (Maoist) and all its Front organisations. The learned Public Prosecutor submits that the petitioner is an activist of RPF which is a Front organisation of CPI (Maoist). 5. Sri.K.S.Madhusoodanan, the learned counsel appearing for the petitioner submitted that only RPF, Manipur was banned and the RPF in which the petitioner is an activist is not an organisation which is banned. It is also submitted that the offence under Section 3 of the Unlawful Activities (Prevention) Act is a bailable offence and the non bailable offence alleged against the petitioner is only under Section 153B of the Indian Penal Code. The counsel made several submissions in support of the contention that even if all the allegations levelled against the petitioner are true, no offence under Section 153B would be attracted. 6. For the purpose of disposal of this application for bail, it is not necessary to arrive at any conclusion on these rival contentions. These are all matters to be decided at the time of trial on the basis of relevant data and evidence. Now the only BA No.5517/2009 3 question that is relevant for consideration is whether continued detention of the petitioner is necessary. The petitioner was arrested on 12.7.2009 and he is in judicial custody since then. The charge was laid in the case on 31.7.2009 and the case was taken on file as C.C.No.161 of 2009 on the file of the court of the Judicial Magistrate of First Class-II, Sulthanbathery. It is submitted by the learned Public Prosecutor that further investigation is going on under Section 173(8) of the Code of the Criminal Procedure with the permission of the court. 7. Taking into account the facts and circumstances of the case, the fact that the charge was laid in the case, the fact that further investigation is going on and also taking note of the submissions made by the learned counsel for the petitioner that the petitioner is prepared to comply with any conditions that may be imposed by the court, I am inclined to grant bail to the petitioner on stringent conditions. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Sulthanbathery, subject to the following conditions: BA No.5517/2009 4 a) The petitioner shall appear before the investigating officer at 9 A.M. on 8th and 9th October 2009. b) From 12th October 2009 onwards, the petitioner shall report before the Sub Inspector of Police, Vadanappally on every day between 5 P.M. and 9 P.M. until further orders. c) The petitioner shall not enter into the limits of Wayanad District without specific orders from this Court. d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; f) 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 csl