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.
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B.A.No.4055 of 2007
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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