O R D E R

Dated this the 8th day of February 2021 This is an application for anticipatory bail under Section 438 of Cr.P.C.

2. The applicants are accused 1 and 2 in Crime No.437/2020 of Cherupuzha Police Station for having allegedly committed the offences punishable under Section 436 read with Section 34 of the I.P.C.

3. The prosecution case, in brief, is that on

16.12.2020 at about 1.30 AM at Patikochi in Vayakkara Amson, the applicants in furtherance of common intention and due to political enmity set on fire an autorickshaw belonging to the de facto complainant bearing Reg.No.KL-59-E-3252, which was parked in the porch of his house and caused a loss of Rs.5,50,000/-

to the applicant.

4. The applicants state that the allegations are not true and that the 2nd applicant was not even present at Vayakkara, because as the Office Secretary of the DYFI State Committee and is residing at Thiruvananthapuram and had returned to his hometown only the next day after the election. The applicants have been implicated due to political rivalry and that there is no material collected so far to indicate their complicity in the offence.

5. Heard the learned Counsel for the applicants and the learned Public Prosecutor.

6. The learned Public Prosecutor submits that both the applicants had criminal antecedents and have been implicated in more than one case. On going through the F.I.Statement, which is being read over to this Court by the learned Public Prosecutor, I find that there is no allegation of the de facto complainant having seen the applicants at the scene of occurrence. He only saw two persons fleeing from there in the darkness of night and certain articles such as petrol were recovered from the scene of occurrence. Moreover, a specific allegation in the FIS is that the autorickshaw was destroyed. There is no allegation that the applicants had attempted to set on fire the house of the de facto complainant. Hence, prima facie offence under Section 436 of the I.P.C. may not be attracted and an offence under Section 435 alone would be attracted, which is a bailable offence. The applicants are therefore entitled to pre-arrest bail.

In the result, the bail application is allowed and the applicants are directed to surrender before the investigating officer within three weeks. In the event of their being arrested, after interrogation, they shall be released on bail on the execution of a bond for Rs.50,000/- (Rupees fifty thousand only) each, with two solvent sureties for the like amount each, to the satisfaction of the investigating officer, and on the following conditions:

(i) They shall not influence or intimidate witnesses or tamper with evidence;

(ii) They shall appear before the investigating officer as and when called for and shall cooperate with the investigation; and (iii)During the bail period, they shall not get involved in any similar offences.

In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.