Judicial Commissioner Norsharidah Awang, who allowed the revision application by Yip Kok Wai, 52, Yip Kok Mun, 58, Yip Kok Kuin, 50, and Yip Kok Weng, 60, and factory manager, Ho Voon Leong, 59, however, said the bail amount would be seized should they commit a crime.

Norsharidah also ordered the accused to post bail in one surety each and their passports to be impounded.

The brothers are directors of Yip Chee Seng and Sons Sdn Bhd which owns a factory where the pollution allegedly originated.

Norsharidah said she took into account the seriousness of the alleged offence and the health status of the accused and balanced it with the danger posed to the public should another similar incident take place.

“This is a serious case which caught the public attention. However, the court allows all the accused to be released on RM400,000 bail each with one surety,” she said.

The five filed a revision application as the Sessions Court had refused them bail after they were charged last week.

They are accused of intentionally committing mischief by causing hazardous waste from the factory to flow into Sungai Gong on Sept 3.

The pollution of Sungai Gong, which feeds Sungai Selangor, led to a major water disruption in the Klang Valley, affecting 1.2 million households.

They were charged under Section 430 of the Penal Code, read with Section 34 of the Penal Code.

If found guilty, they face a jail sentence of between five and 30 years or a fine or both.

The five were also charged with committing mischief by causing hazardous waste from the factory to flow into the river without a licence.

This charge is under Section 25(1) of the Environmental Quality Act 1974, which is read together with Section 34 of the Penal Code.

If found guilty they face a jail sentence of up to five years or a fine of up to RM100,000 or both.

Lawyer Akberdin Abdul Kader, who represented the accused, said bail should be granted as they were not a potential flight risk.

“The prosecution cannot link the accused to past incidents though the Department of Environment had issued compounds to the company,” he said.

He said his clients were more than 50 years of age and they could be exposed to the Covid-19 virus should they be held in a prison.

He said the court had the discretion to offer bail though the offence under Section 430 of the Penal Code was non-bailable.

Deputy Public Prosecutor Mohd Asnawi Abu Hanipah said bail should be disallowed as the incident had affected 1.2 million households in the Klang Valley.

“In the alternative, a bail of RM2 million each should be imposed if the court is minded to allow their application,” he said.