Accused Nos. 13 (Prasanthkumar) and 14 (Ismail) in Crime No. 31 of 2008 of Thrikkakkara Police Station have filed B.A. Nos. 3192 of 2009 and 3069 of 2009 respectively, under Section 439 of the Code of Criminal Procedure seeking bail. They are in judicial custody since 14-12-2008 and 17-1-2009 respectively.

2. The offences alleged against the accused persons in the case are under Sections 143, 147, 148, 307, 324, 307 and 120 -B read with Section 149 of the Indian Penal Code and Sections 3 and 4 of the Explosive Substances Act.

3. According to the prosecution, Accused Nos. 1, 4, 5 and 9 are absconding and Accused Nos. 6,7 and 8 died in an encounter in Jammu, while they tried to cross the border.

4. The prosecution case is that the accused persons hatched a criminal conspiracy to assassinate Abdul Rahim alias K.M.R. Guru, who was running a Spiritual Palace at Pookkadasseri. It is alleged that a section of the Muslims believe that the ideologies of K.M.R. Guru and his activities are against Islam. On earlier occasions, unsuccessful attempts were made to assassinate K.M.R. Guru. It is alleged that the accused persons hatched the conspiracy at various mosques. One of the accused persons (Abdul Rahim), impersonating himself as Abdulla, succeeded in getting access to the Spiritual Palace run by the Guru and became Guru's disciple. Guru was made to believe by Abdul Rahim that he would arrange persons for purchasing the scrap electrical goods worth Rs. One crore belonging to the former and that he had contacts with dealers of scrap at Bangalore and Hyderabad. In furtherance to the conspiracy, the accused persons invited Guru to a place near Infopark at Kakkanad. Deadly weapons like swords, axe and explosives were collected by the accused. Vehicles were also arranged. K.M.R. Guru was informed over mobile phone to reach at the place near Godrej Company, near Infopark. K.M.R. Guru and his associates came to the place in a Scoda car. The 5th accused, riding on a motor bike, led Guru to the place. Guru and his associates were led to the compound of a building under construction. Accused No. 4 shook hands with Guru. At that time, 2nd accused attacked Guru with an axe. One of his disciples was also injured due to the attack with the axe. Guru and his disciples attempted to escape. The other accused persons came out of the vehicle and wrongfully restrained Guru, pushed him to the ground and inflicted deadly wound on his neck with the axe. Some other accused hurled bombs at Guru and his associates. Under the belief that Guru was dead, the assailants escaped from the scene.

5. Bail Applications filed by the petitioners and another accused were dismissed by this Court as per the common order dated 24-3-2009 in B.A. Nos. 539, 1142 and 1209 of 2009. In that order, it was also noticed that final report was filed in the case. In the order dated 24-3-2009, it was held (by Justice V.Ramkumar) thus:

" The investigation files, prima facie reveal the handy work of a terrorist out fit of which the accused persons are important links. Terrorism in the most horrendous form is showing its ugly face in various parts of our nation vitally threatening the stability of the country. I am not inclined to grant bail to any of the petitioners before the outcome of the trial. These petitions are accordingly dismissed." (emphasis supplied).

6. The petitioners again filed Bail Application Nos. 2211 of 2009 and 2617 of 2009 before the High Court. The petitioners contended that 90 days elapsed from the date of their arrest, but no charge was laid. They contended that their further detention was hit by the proviso to Section 167 (2) of the Code of Criminal Procedure. The Bail applications were disposed of directing the learned Magistrate to consider the question whether the charge was laid within time and to dispose of the bail applications filed by the petitioners.

7. The learned Magistrate, in the Order dated 27th May 2009, held that the charge sheet was filed w