IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 Bail Appl..No. 7565 of 2011() ----------------------------- AGAINST THE ORDER IN BA.6821/2011 Dated 26/08/2011 CRMP.4272/2011 of JUDL. MAGI. OF FIRST CLASS-III, KOTTAYAM CRIME NO.583 OF 2011 OF KOTTAYAM WEST POLICE STATION. .................... PETITIONER/ACCUSED NO.3 ------------------------------------------- BIJU JOSEPH @ KOZHI BIJU, S/O.JOSEPH, VETTIKKATTU HOUSE, NEAR NURSING SCHOOL, WARD XVI, NEDUMKANDAM PANCHAYAT, CHECKAKANAM, NEDUMKANDAM KARA, KALKOONTHAL VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DIST. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.M.D.SASIKUMARAN SRI.GEORGE MATHEW SRI.DIPU JAMES SRI.K.P.UNNIKRISHNAN (ELOOR) RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY C.I. OF POLICE, KOTTAYAM WEST POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.7565 OF 2011 --------------------------------- Dated this the 28th day of September, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.583 of 2011 of Kottayam West Police Station. 2.The offences alleged against the petitioner are under Section 394 read with Section 34 of the Indian Penal Code and Section 25(1) (a) of the Arms Act. 3. The prosecution case is the following: On 7.7.2011 at 12.45 noon, accused Nos.1 and 2 trespassed into a jewellery called Kunnathukalathil Jewellery at Kottayam armed with two unlicensed revolvers. They terrorised the customers and staff of the jewellery and forcibly took away gold ornaments weighing 7 Kgs. approximately worth Rs.1.50 Crores. It is alleged that the petitioner, accused No.3 was working under accused No.1 who is a planter. It is alleged that accused No.3 arranged the unlicensed revolvers to be B.A.No.7565 OF 2011 2 purchased from accused No.4. The prosecution case is that accused No.3 was fully aware of the purpose for which the revolvers were to be used. The petitioner was arrested on 11.7.2011 and he was remanded to judicial custody. 4. Taking into account the facts and circumstances of the case and also taking note of the fact that there is no allegation that the petitioner was actually present at the time of commission of robbery at the place of occurrence, I am inclined to grant bail to the petitioner. 5.The petitioner shall be released on bail on his executing bond for `25,000/-(Rupees Twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-III, Kottayam, 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 for two months and thereafter on Mondays, till the final report is filed or until further orders. B) The petitioner shall appear before the B.A.No.7565 OF 2011 3 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) The petitioner shall cooperate with the investigating officer in the matter of investigation. F) 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 cms