IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 Bail Appl..No. 5907 of 2009() --------------------------------------- CRIME NO.368/2009 OF NEMOM POLICE STATION, NEYYATTINKARA .................... PETITIONER/4TH ACCUSED: ------------------------------------------ HARIKUMAR @ RENJITH, S/O.MOHANA KUMAR, KANIYAMVILAKATHU VEEDU, VALIYAKATTAKKAL ROAD, KUNNAPUZHA, ARAMADA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.M.SREEKUMAR RESPONDENT/ STATE: --------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5907 of 2009 ------------------------------------ Dated this the 14th day of October, 2009 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.4 in Crime No. 368/2009 of Nemom Police Station. 2. The offence alleged against the petitioner is under Section 395 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 20/5/2009. The prosecution case is that the accused persons demanded money from the person who runs a quarry. The collection was not for any consideration, but on account of what is popularly known as 'Goonda Pirivu'. The employer of the de facto complainant refused to pay the amount. Thereupon, the accused persons forcibly took Rs.1,200/- from the pocket of the de facto complainant. The Mobile Phone was also taken from him and it was destroyed. 4. The petitioner surrendered before the court on 24/8/2009 and he was remanded to judicial custody. 5. It is submitted that the first accused is undergoing B.A. No. 5907/ 2009 2 detention under the Kerala Anti-Social Activities (Prevention) Act. It is also stated that all other accused were released on bail. 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. 7. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Neyyattinkara 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, till the final report is filed or until further orders. B) The petitioner shall appear before the 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 B.A. No. 5907/ 2009 3 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 scm