IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND AUGUST 2011 / 11TH SRAVANA 1933 Bail Appl..No. 5989 of 2011() ----------------------------- CMP.7277/2011 of J.M.F.C.-I,KOTTARAKKARA CRIME NO.513 OF 2011 OF EZHUKONE POLICE STATION .................... PETITIONER/ACCUSED (IN CUSTODY) --------------------------------------------------- SANTHAKUMAR, S/O.VASUDEVAN, CHARUVILAPUTHEN VEEDU, KADAKODU, KAREEPRA, KOLLAM DISTRICT. BY ADV. SMT.G.VIDYA RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON ON 02/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ........................................... B.A.NO.5989 OF 2011 ............................................. Dated this the 2nd day of August, 2011. O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.513 of 2011 of the Ezhukone Police Station in Kollam District. 2. The offence alleged against the petitioner is under Section 394 of the Indian Penal Code. 3. The prosecution case is that on 19.6.2011, the accused snatched the gold chain belonging to the defacto complainant, an old woman aged 78 years, while she was walking along the public road. The petitioner was arrested on 19.6.2011 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in Crime No.290/2004 of Ezhukone Police Station for theft of a motor bike. The learned counsel for the petitioner submitted that the petitioner is prepared to comply with any condition that may be imposed by the court. 5. The investigation is in progress. The gold chain was B.A.NO.5989 OF 2011 : 2 : recovered from the possession of the petitioner. 6. 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 present stage of investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. 7. 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-I, Kottarakkara subject to the following conditions: A) The petitioner shall not leave the police station limits of Ezhukone Police Station, till the final report is filed or until further orders, without prior intimation to the Station House Officer of Ezhukone Police Station. B) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders; C) The petitioner shall appear before the B.A.NO.5989 OF 2011 : 3 : investigating officer for interrogation as and when required; D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. 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. cl