IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 Bail Appl..No. 174 of 2010() ---------------------------- Cr.NO.11/2008 OF NEDUPUZHA POLICE STATION .................... PETITIONER/ACCUSED.NO.3 ------------------------------------------- JICKSON @ ICHAPPAN, S/O.BABU, POOKOOLIL HOUSE, KALLUR VILLAGE, KOTTAYI DESOM, THRISSUR DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.174 of 2010 --------------------------------------------- Dated this the 10th day of February, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.3 in Cr.No.11 of 2008 of Nedupuzha Police Station, Thrissur District. 2. The offence alleged against the petitioner is under Section 395 of the Indian Penal Code. 3. The prosecution case is that on 4.1.2008, while the de facto complainant was travelling on a motor bike, the accused persons intercepted him and attacked him with deadly weapons and robbed 2.69 kgms. of gold from the de facto complainant. It is stated that the gold was worth Rs.26,90,000/-. The petitioner was arrested on 27.11.2009 and he was remanded to judicial custody. 4. As per the order dated 1st January, 2010 in Bail application No.7694 of 2009, bail was granted to accused Nos.2, 5 and 9 to 12. 5. In view of the fact that bail was granted to accused Nos.2, 5 and 9 to 12, I am inclined to grant bail to the petitioner BA No.174/2010 2 as well. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Thrissur, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner 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