IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933 Bail Appl..No. 8097 of 2011 CRIME NO.340 OF 2011 OF PANGODU POLICE STATION, THIRUVANANTHAPURAM DISTRICT. PETITIONERS: ACCUSED 1 AND 6: ------------------------------------ 1. DILEESHKUMAR @ KUTTAN, S/O.SUDEVAN PILLAI, CHARUVILA PUTHEN VEEDU, PARAKONAM, PAPPALA DESOM, PAZHAYAKUNNUMEL VILLAGE, THIRUVANANTHAPURAM, (DILEESH BHAVAN, VATTAMAN, VATTAMAN DESOM, KARAVALOOR VILLAGE, KOLLAM DT.) 2. NAVAS @ MONDI NAVAS, S/O.BHADARUDEEN, CHARUVILA PUTHENVEEDU, KARIYODE PARUTHI, NILAMEL VILLAGE. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENTS: STATE/COMPLAINANT -------------------------------- 1. STATE OF KERALA, REPRESENTED BY DIRECTOR GENERAL OF PUBLIC PROSECUTION, HIGH COURT OF KERALA., PIN - 682 031. 2. CIRCLE INSPECTOR OF POLICE, KILIMANNOOR POLICE STATION, THIRUVANANTHAPURAM-695 601. PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8097 OF 2011 ------------------------------------------------------ Dated this the 12th day of October, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 6 in Crime No.340 of 2011 of Pangodu Police Station, Thiruvananthapuram District. 2. The offences alleged against the petitioners are under Sections 395, 449, 302, 201, 216-A, 411 and 120-B of the Indian Penal Code. 3. The prosecution case is that on 5.5.2011, the accused committed robbery of a jewellery after committing murder of the watchman. The petitioners were arrested on 26.6.2011 and they were remanded to judicial custody. 4. After completing the investigation, charge sheet was filed on 24.8.2011. Bail Appl. NO.8097 of 2011 :: 2 :: 5. As per the orders dated 22.9.2011 in B.A.Nos.6931 of 2011 and 7156 of 2011, bail was granted to accused Nos.10, 11 and 12. 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 that the charge was laid, 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 Rupees Fifty thousand each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class II, Nedumangad, subject to the following conditions: a) The petitioners shall surrender their Passports before the Court of the Judicial Magistrate of the First Class II, Nedumangad. If the petitioners do not have a Passport, an affidavit sworn to by them to that effect shall be filed before the learned Magistrate; b) The petitioners shall appear before the Inspector of Police, Kilimanoor on alternate Mondays, until further orders; Bail Appl. NO.8097 of 2011 :: 3 :: 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 ahz/