SOOFIA MADANI Vs. VARGHESE

JUDGEMENT

(1.) 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.