The court can grant bail under Section 439 of the Code of Criminal Procedure by weighing the nature of the accusations against the accused's circumstances.

O R D E R

This application is filed under Section 439 of the Code of Criminal Procedure for regular bail.

2. Petitioner is the accused in crime No.636/2023 of Wadakkanchery police station alleging commission of offences punishable under Sections 448 and 436 of the Indian Penal Code.

3. The prosecution case is that, on 14.8.2023 at 1.30 hours at Vedippara, Poomala the accused due to his previous enmity put fire to the vehicle bearing Registration Nos.KL-48 J 8511, KL 08 BE 1242, KL 08 BK 6409 and the front door, windows, AC and bed of the house of the de facto complainant burnt and the de facto complainant suffered a loss to the tune of Rs.10,00,000/-. Thus, the accused is alleged to have committed offences as aforesaid.

4. Learned counsel for the petitioner submits that he has not attempted to set the house on fire. The remand report would show that the fire from the vehicles spread to the house. It is submitted that the petitioner is in custody since 16.8.2023 and because of the health conditions, he was granted interim bail for three days and surrendered on 19.8.2023.

5. The learned Public Prosecutor opposing the bail application submits that the allegations against the petitioner are serious and that the investigation in the case is not yet complete. There is another crime registered against the petitioner as crime No.636/2023, where the petitioner is accused of committing criminal trespass and attempting to outrage the modesty of the daughter of the de facto complainant. The present crime is stated to be a retaliation for the earlier accusation.

Having considered the rival submissions, though the charges against the petitioner are serious, including the motive, considering the fact that he has been in custody since 16.8.2023, his health condition as revealed from Annexures-F and G and the fact that he is 72 years old, I am inclined to grant bail to the petitioner, on the following conditions:-

1.The petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;

2.He shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m. for three months or thereafter and when directed to appear.

3.He shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence or do anything that might adversely affect the trial;

4.He shall not commit any offence while on bail;

5.He shall not leave the State of Kerala without the permission of the Court having jurisdiction;

6.In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail and pass appropriate orders in accordance with law.

Sd/-

MOHAMMED NIAS C.P.

JUDGE okb APPENDIX OF BAIL APPL. 9204/2023 PETITIONER ANNEXURES TRUE COPY OF FIR IN CRIME NO.636 OF 2023 OF Annexure A WADAKKANCHERRY POLICE STATION DATED 14-08-

2023 TRUE COPY OF ORDER DATED 25-08-2023 IN Annexure B C.M.P.NO.3796 OF 2023 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, WADAKKANCHERY TRUE COPY OF ORDER DATED 18-09-2023 IN Annexure C C.M.P.NO.4169 OF 2023 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, WADAKKANCHERRY TRUE COPY OF ORDER DATED 06-10-2023 IN Annexure D CRL.M.C.NO.1441 OF 2023 OF THE SESSIONS COURT, THRISSUR TRUE COPY OF PRESCRIPTION DATED 10-02-2021, Annexure E 09-04-2021 OF THE DAYA GENERAL HOSPITAL LTD.

& SPECIALITY SURGICAL CENTRE TRUE COPY OF RADIO DIAGNOSING AND IMAGINARY Annexure F REPORT DATED 13-05-2022 OF DAYA GENERAL HOSPITAL LTD. & SPECIALITY SURGICAL CENTRE TRUE COPY OF O.P. PRESCRIPTION DATED 13-05-

Annexure G

2023 OF AMALA INSTITUTE OF MEDICAL SCIENCES