IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 Bail Appl..No. 3142 of 2009() ----------------------------- CRIME NO.186 OF 2009 OF KOTTAKKAL POLICE STATION .................... PETITIONERS: ACCUSED 1 - 5, 7 - 14, 16 & 17 -------------------------------------------------- 1. FIJOSH, S/O. THAMBI, THARAMMEL HOUSE, CHERUVANNOOR, CALICUT. 2. SOORAJ, S/O. ALAVI, MAILADI HOUSING COLONY, CALICUT. 3. JISMATH, S/O. MOIDEENKOYA, PADINNAREMURIKKATH HOUSE, KALLAYI RAILWAY GATE, CALICUT. 4. ANEESH, S/O. SIDDIQ, CHIRAKKAL KOVILAKAM VEETTIL, MEENCHANTA RAILWAY GATE, CALICUT. 5. PREJITH, S/O. CHANDRAN, THAYYIL HOUSE, CALICUT. 6. SUJESH, S/O. SUBRAMANIAN, EDAPAYIL HOUSE, CALICUT. 7. RATHEESH, S/O. GOPALAKRISHNAN, MULLAYIPARAMBIL, CALICUT. 8. SHAFEEQ, S/O. ABDU, HUSSAINHAJI'S QUARTERS, CALICUT. 9. JANEESH, S/O. SHAREEF, PULIKKAL HOUSE, CALICUT 10. RASHEED, S/O. MUHAMMEDKOYA, AMBATTIL VEEDU, CALICUT. 11. SAINUDHEEN, S/O. IMBICHIKOYA, VALIYAKATH HOUSE, CALICUT. 12. SARJAS, S/O. MOOSA, SHAMAD MANZIL, CALICUT. BA 3142/2009 13. SHAJU, S/O. MOHAMMEDKOYA, THOTTAMVALAPPIL HOUSE, CALICUT. 14. BINEESH, S/O. KANNAP9PAN, VATTAKKULANGARA HOUSE, PALAKKAD DISTRICT. BY ADV. SRI.SAJEEV KUMAR K.GOPAL SMT.AMBIKA RADHAKRISHNAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KOLLAMCODE POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ B.A.No.3142 of 2009 ------------------------------- Dated this the 12th day of June, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are the accused Nos.1 to 5, 7 to 14, 16 and 17 in Crime No.186 of 2009 of Kottakkal Police Station. 2. The offence alleged against the petitioners is under Section 399 of the Indian Penal Code. 3. The prosecution case is that on 5.5.2009 at 3 A.M., the petitioners and the other accused were found in three vehicles near a restaurant at Kottakkal, after having made preparation to commit the offence of decoity. Weapons like sword, iron rod, mask, coir pieces, cloth pieces etc. were recovered from the vehicles. 4. The petitioners moved Bail Application No.2814 of 2009 before this Court, which was dismissed by Annexure 2 order dated 28th May 2009. 5. The learned public prosecutor submitted that one Kannan who was making constant contact with the third accused over mobile phone could not be arrested till now. The petitioners were interrogated by the police on getting custody as per the order of the court. BA No. 3142 /2009 2 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners. 7. The petitioners shall be released on bail on their executing bond for Rs.1,00,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class- Malappuram, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders; b) The petitioners shall appear before the investigating officer for interrogation as and when required; c) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE csl