ASHAR ALI Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for bail under Sec. 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.51/2010 of Chandera Police Station, Kasaragod.

(2.) The prosecution case is that on 28-1-2010 at about 3 A.M., the accused persons, who are workers of NDF (National Democratic Front) broke open the lock of Navodaya Vayanasala and Grandhalayam at Elambachi, South Trikkaripur, Kasaragod District and set fire to the library books, furniture and Television and caused a loss of Rs. 50,000.00. The offences alleged against the accused are under Sections 143, 147, 148, 452, 436 read with Sec. 149 of the Indian Penal Code.

(3.) It is stated that the persons in charge of the library belong to Communist Party of India (Marxist). The accused belong to NDF. It is stated that several clashes took place in the District between the workers of CPI (M) and NDF.