CR

In this Revision filed under Sec. 397 read with Sec. 401 Cr.P.C., the revision petitioners who are accused Nos. 1 to 5 in Crime No. 72 of 2010 of Perumpetty Police Station, challenge the order dated 29-3-2010 passed by the Sessions Judge, Pathanamthitta, cancelling the bail granted to the petitioners by the Judicial Magistrate of the First Class (J.F.C.M. for short), Thiruvalla.

2. I heard Sr. Advocate Sri. K.Ramakumar, the learned counsel appearing for the revision petitioners, Adv. Sri. Rajeev, the learned counsel appearing for the de facto complainant and Sri.V.G. Govindan Nair, the learned Director General of Prosecution. I also called for and perused the records.

THE BACKGROUND FACTS

3. The turn of events (according to the prosecution) culminating in the impugned order can be summarised as follows:-

A. One P.J. Samkutty (Sam Jacob) of Punnakkal family in Chungappara in Pathanamthitta Ditrict having the pen name "Shamu Coimbatore" was the author of a book titled "Chinvad Palam" (the invisible bridge to heaven ). The said book is purportedly published from Angamaly in Kerala and also from Queens Villa, New York, U.S.A.

B. Samkutty referred to above died on 7-3-2007. A1 to A3 are his brothers and A4 is his son. They are employed abroad. A5 is a Pastor who was residing in the house of the deceased. All the five accused persons belong to the Christian Community.

C. On 22-3-2010 from 9.30 a.m. to 2.30 p.m. the accused persons were attending the funeral of deceased Samkutty at the residence of A2 at Chungappara.

D. At about 4 p.m. on 22-3-2010 copies of Chinvad Palam authored by the deceased were circulated among the Christians who had attended the funeral. The aforesaid book contains imputations against Prophet Muhammed (Muhammed Nabi) depicting him as a womaniser who kept concubines besides his wives for sexual satiation. The Book makes reference to the law regarding the sharing of plundered goods by declaring that 1/5th of the booty should go to Allah and his messengers and the rest should go to the plunders. There are citations in the said book sufficient to incite communal feelings and to maliciously insult the religious feelings of the Muslims and promoting enmity between two classes. Ninety copies of the book were seized from an Innova Car parked there and bearing Reg. No. KL28- 6147 belonging to A3 and in which the accused persons had come to Chungathara.

E. At 7 p.m. on 22-03-2010 one Shaji, S/o.Kochumuhammed Rawther and who is the President of the Muslim Juma Ath, Kottangal gave the first information statement before the Officer-in-charge of Perumpetty Police Station to the effect that by circulating copies of the above book the accused persons had promoted feelings of disharmony, enmity, hatred and ill-will between different classes on the ground of religion or race. The Sub Inspector of Perumpetty Police Station accordingly registered a case as Crime No. 72 of 2010 for offences punishable under Sections 143, 147, 153 A and 295 A read with Sec. 149 I.P.C. Section 505 (2) and (3) I.P.C. and Section 14 of the Press and Registration of Books Act, 1867 were also added.

F. On 23-3-2010 A1 to A5 were arrested and produced before the J.F.C.M. , Thiruvalla who remanded them to judicial custody. A1 to A5 filed Crl.M.P. 2219 of 2010 under Sec. 437 Cr.P.C. before the learned Magistrate seeking their enlargement on bail. Eventhough the said application was opposed by the learned Asst. Public Prosecutor contending inter alia that if the accused were enlarged on bail there would be communal violence and there was also the likelihood of the accused fleeing from justice, the learned Magistrate as per order dated 24-3-2010 granted bail to the accused subject to the following conditions:-

i) Bail granted on executing a bond for Rs. 50,000/-each with two solvent sureties each for the like sum.

ii) The accused shall appear before the investigating officer on all Mondays and Wednesdays till the filing of final report or until