IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 Bail Appl..No. 331 of 2010 CRIME NO.26 OF 2010 OF KOLLAM EAST POLICE STATION, KOLLAM PETITIONER/3RD ACCUSED ------------------------------------------ NAUSHAD, AGED 20 YEARS, S/O.ISMAIL KUNJU, KAIPPALLY VADAKKATHIL, NEAR AKMS, UMAYANALLOOR CHERRY, THAZHUTHALA VILLAGE, KOLLAM. BY ADV. SRI. K.SIJU RESPONDENT: STATE -------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 331 OF 2010 ------------------------------------------------------ Dated this the 25th day of January, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.26 of 2010 of Kollam East Police Station, Kollam District. 2. The offence alleged against the petitioner is under Section 402 of the Indian Penal Code. 3. The prosecution case is that on 5.1.2010, the petitioner and the four other accused persons were found assembled for the purpose of committing offence of serious nature mentioned in Section 402 of the Indian Penal Code. The petitioner was arrested on 5.1.2010 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that, after completing the investigation, charge was laid in the case before the Court of the Judicial Magistrate of the First Class II, Kollam. The learned Public Prosecutor also submitted that accused No.5 is involved in several other crimes. It is submitted that there is B.A. NO. 331 OF 2010 :: 2 :: likelihood of the accused persons making themselves scarce, if bail is granted. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the fact that charge was laid in the case, I am of the view that bail can be granted to the petitioner on stringent conditions. 6. 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, Kollam, subject to the following conditions: a) The petitioner shall report before the Station House Officer, Kollam East Police Station between 9 A.M. and 11 A.M. on all Mondays, until further orders; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall surrender his passport before the Court of the Judicial Magistrate of the First Class II, Kollam within a period of one week. If the petitioner does not hold an Indian Passport, an affidavit to that effect, sworn to by him, shall be filed before the learned Magistrate; B.A. NO. 331 OF 2010 :: 3 :: 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 ahz/