Soofia Madani, accused No. 10 in Crime No. 469 of 2005 of Kalamasseri Police Station has filed this Bail Application under Section 438 of the Code of Criminal Procedure for anticipatory bail.

2. The offences alleged against the accused are under Sections 120-B, 121-A, 436, 364, 323 and 506 (ii) read with Section 34 of the Indian Penal Code, Section 4 of the PDPP Act and Section 27 of the Arms Act.

3. The prosecution case is that as a result of the criminal conspiracy hatched by the accused to commit an offence, on 9.9.2005, some of the accused persons boarded a bus owned by the Tamil Nadu Government Road Transport Corporation bearing registration No. TN-01 N 6725 from the K.S.R.T.C. bus stand at Ernakulam and some others followed on motor bikes and when the bus reached in front of the Kalamassery Municipal office, the accused persons hijacked the bus, threatening the driver under knife and gun point. There were 32 passengers in the bus. The bus was taken to an isolated place near HMT colony. The passengers were asked to come out of the bus with their belongings. Thereafter, the accused set ablaze the bus by pouring diesel and petrol. The bus was fully destroyed by fire. It is alleged that the offence was committed to wage war against the Tamil Nadu Government on account of the prolonged detention of Abdul Nasar Madani in Central Prison, Coimbatore.

4. The investigation of the case was handled by several police officers in succession. On 19.2.2009, charge sheet was filed before the Court of the Judicial Magistrate of the First Class II, Aluva. Nine persons were arrayed as accused in the case. It would appear that one P.D.Joseph filed an application before the Court making an allegation that the petitioner is involved in the offence. The investigating officer made an enquiry. A report was filed in court for sanction for further investigation in the case. As permitted by the court as per the order dated 1.4.2009, further investigation is being conducted in the case.

5. It is alleged that during investigation, sufficient materials were collected to show that Soofia Madani is involved in the offence. It is stated that some of the accused persons, namely, Abdu Rahim, Majeed Parambai, Sabir and Tajuddin, had contacted her over phone before and after the incident. It is also stated that in the statements given by Tajuddin and Sherif under Section 164 of the Code of Criminal Procedure before the learned Magistrate, there are indications that the petitioner was actively involved in the criminal conspiracy and in motivating the accused persons for executing the plan to commit the offence. It is also alleged that Soofia Madani had made and received several telephone calls to and from outside Kerala. The investigating agency is making investigation about the connection, if any, of the petitioner and the other accused persons with Lashker-e-Thoiba, a banned terrorist organisation.

6. In the Bail Application, it is stated, inter alia, as follows: The petitioner is a house wife residing at Ernakulam with her husband and minor children. Her husband Abdul Nazar Madani is the Chairman of the People's Democratic Party. Abdul Nazar Madani had undergone detention in the Central Jail, Coimbatore for more than nine years, in connection with the Coimbatore blast case. After trial, he was acquitted. He was released from jail on the 1st of August 2007. After his release from jail, he is closely associated with social and political activities in Kerala. During the last election to the Kerala Legislative Assembly, Madani was in jail. However, he supported the Left Democratic Front which came into power. In the last election to the Parliament, he "extended his support and actively participated in the election campaign of the LDF. That resulted fury and threat from political opponents."

7. It is also stated in the bail application that after completing the investigation, charge was laid before the Court of the Judicial Magistrate of the First Cla