High Court Kerala High Court

Sainudheen vs State Of Kerala on 5 July, 2007

Kerala High Court
Sainudheen vs State Of Kerala on 5 July, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 4055 of 2007(S)


1. SAINUDHEEN, S/O. HAKKIM, AGED 23 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, THROUGH THE
                       ...       Respondent

                For Petitioner  :SRI.SUNNY MATHEW

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :05/07/2007

 O R D E R
                              R.BASANT, J.

                           ----------------------

                           B.A.No.4055 of 2007

                       ----------------------------------------

                  Dated this the 5th  day of July 2007




                                  O R D E R

Application for regular bail. The petitioner faces

allegations under Section 153A I.P.C and the provisions of the

Explosives Act. The alleged incident took place in the early

hours of 13/5/2007. While the defacto complainant and others

were sleeping on the beach, four accused persons allegedly went

there and threw petrol bombs. According to the prosecution, it

is on account of the strained relationship between the R.S.S and

the N.D.F workers that the petitioners indulged in such conduct.

No miscreants were identified at the scene. The F.I.R was

lodged. Investigation was conducted. Mobile phone of the first

accused was recovered from the scene of the occurrence.

Accused 1 to 3 were arrested and interrogated. The involvement

of the petitioner, that is the fourth accused, was thus identified

and he was arrested on 15/6/2007. He continues in custody from

that date. Accused 1 to 3 are also continuing in custody now.

B.A.No.4055/07 2

2. The learned counsel for the petitioner prays that the

petitioner may now be enlarged on bail. He having already been

in custody from 15/6/2007 and the only peace of material against

him being the alleged confession of the co-accused. The learned

Public Prosecutor opposes the application. Investigation is not

complete. Tense law and order situation prevails in the locality.

In these circumstances, the petitioner may not be enlarged on

bail now. At any rate, the investigating officer may be given

reasonable further time to complete the investigation in a

serious crime like the instant one, submits the learned Public

Prosecutor.

3. I have considered all the relevant inputs. I am

satisfied that the petitioner can be enlarged on bail subject to

appropriate conditions to allay the apprehension aired by the

learned Public Prosecutor.

4. In the result, this petition is allowed. The petitioner

shall be released on bail on the following terms and conditions:

i) The petitioner shall not be released on bail on the

strength of this order prior to 13/07/2007. The investigating

officer shall, in the meantime, make every endeavour to

complete the investigation.

B.A.No.4055/07 3

ii) He shall execute a bond for Rs.50,000/- (Rupees fifty

thousand only) with two solvent sureties each for the like sum to

the satisfaction of the learned Magistrate.

iii) The petitioner shall make himself available for

interrogation before the investigating officer as and when

directed by the investigating officer in writing to do so.

iv) Except if necessary to comply with condition No.(iii)

above, the petitioner shall not enter the Sessions division of

Kozhikode, until further orders, without the prior permission of

the learned Magistrate.






                                                      (R.BASANT, JUDGE)

jsr


                            // True Copy//          PA to Judge


B.A.No.4055/07    4


B.A.No.4055/07    5


       R.BASANT, J.





         CRL.M.CNo.





            ORDER





21ST DAY OF MAY2007