IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 15TH FEBRUARY 2008 / 76TH MAGHA 1929 Bail Appl..No. 819 of 2008() ---------------------------- CMP.509/2008 of J.M.F.C.,CHALAKUDY CMP.829/2008 of J.M.F.C.,CHALAKUDY CRIME NO.174/07 OF KORATTY POLICE STATION .................... PETITIONERS/ACCUSED 5 & 6 ------------------------------------------ 1. UNNIKRISHNAN, S/O.PARAMESWARAN, PLAVIDA HOUSE, MELOOR VILLAGE, PULANI. 2. SHIBU, S/O.BALAN, PANAMPILLY HOUSE, KUVAKKATTUKUNNU. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.A.S.SABU RESPONDENTS: STATE ------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 819 OF 2008 ------------------------------------------------- Dated this the 15th day of February, 2008 ORDER Application for regular bail. The petitioners face allegations in a crime registered for offences punishable under Sec.398 of the IPC. The crux of the allegations is that the petitioners attempted to rob the de facto complainant of an amount of Rs.4.3 lakhs which he was carrying. The miscreants were allegedly planning to attack some carriers of Hawala money. Mistakenly they had proceeded against the de facto complainant, it is alleged. The petitioners are accused 5 and 6. Accused No.5 was arrested on 18/12/07. He has criminal antecedents. A period of 60 days has already elapsed and the 5th accused is entitled for bail by default under the proviso to Sec.167 of the Cr.P.C. 2. So far as the 6th accused is concerned, the learned B.A. No. 819 OF 2008 -: 2 :- Public Prosecutor concedes that he had not actually taken part physically in the operation. The allegation against him is only that he was also present and was one of the conspirators. He remains in custody from 7/1/08. He has no criminal antecedents whatsoever. The learned Public Prosecutor does not oppose the application for bail of the 6th accused also, in these circumstances. 3. I have considered all the relevant inputs. I am satisfied that the petitioners can be granted regular bail now subject to appropriate terms and conditions. 4. In the result: (a) The application is allowed. (b) The petitioners shall be released on bail on the following terms and conditions: (i) The petitioners shall execute bonds for Rs.1,00,000/- (Rupees one lakh only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (ii) The petitioners shall make themselves available for interrogation before the Investigating Officer on all Mondays and B.A. No. 819 OF 2008 -: 3 :- Fridays between 10 a.m. and 12 noon for a period of three months and thereafter as and when directed by the Investigating Officer in writing to do so. (R. BASANT, JUDGE) Nan/