IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 1ST JANUARY 2010 / 11TH POUSHA 1931 Bail Appl..No. 7671 of 2009() ----------------------------- CP.192/2009 of J.M.F.C.-II,KOTTARAKKARA CRIME NO.128 OF 1992 OF CHADAYAMANGALAM POLICE STATION .................... PETITIONER/ACCUSED NO.4 ------------------------------------------- BADARRUDHIN, S/O. SHAMSUDHEEN, PUTHUVALIL VEEDU, KAITHOU MURI, VAYAKKAL MURI, NILAMEL VILLAGE. BY ADV. SRI.PREMCHAND R.NAIR SRI.TOJAN J. VATHIKULAM SRI.BEPIN PAUL RESPONDENT/ COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, CHADAYAMANGALAM POLICE STATION REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. Public Prosecutor : SRI C S HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P. Q. BARKATH ALI, J. ---------------------------------------- B.A.No.7671 of 2009 --------------------------------------- Dated this 01st day of January, 2010 ORDER This is a bail application filed by the 4th accused in crime No.128 of 1992 of Chadayamangalam Police Station which is now pending as C.P.192 of 2009 on the file of Judicial First Class Magistrate, Kottarakara. 2. The allegation is that petitioner along with other accused persons trespassed into the premises of the defacto complainant's house and cracked crackers, destroyed the household articles and snatched the chain of the defacto complainant and thereby committed offences punishable under sections 143, 147, 148, 427, 450, 395 r/w 149 of Indian Penal Code and section 5 of the Explosives Substances Act. He was arrested on December 15, 2009 and the learned Magistrate dismissed his bail application. 3. Heard the learned counsel appearing for petitioner and the learned Public Prosecutor. 4. The alleged incident happened on 10-06-1992 at 2.30p.m. It is submitted by counsel for petitioner that some of the accused persons were acquitted by the trial court after trial. He produced the order of this court dated 18-12-2009 on bail application No.7366 of 2009 by which this court has granted bail to the 6th accused. Further the petitioner was arrested on 15-12-2009 and is in remand thereafter B.A.No.7971 of 2009 2 and the lower court has rejected his bail application. Under these circumstances I feel that petitioner can be released on bail but on conditions. In the result, petition is allowed. Petitioner shall be released on bail on executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand Only) with two solvent sureties for the like sum each to the satisfaction of the lower court on the following conditions. (i) Petitioner shall appear before the trial court on all hearing dates and co-operate with trial. (ii) Petitioner shall not leave the jurisdiction of the trial court without prior permission. (iii) He must surrender his passport, if any, before the trial court. P. Q. BARKATH ALI, JUDGE Sbna/