IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 Bail Appl..No. 10483 of 2011 CRIME NO.583 OF 2011 OF KOTTAYAM WEST POLICE STATION PETITIONER/2ND ACCUSED ------------------------------------------ MURUKAN, S/O.KARUPPAYYA, C/O.JAMES, RAJAPPARA BHAGAM, SANTHAPARA VILLAGE, NEUMKANDAM, IDUKKI DISTRICT. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA RESPONDENT: COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTING SUB INSPECTOR OF POLICE, KOTTAYAM WEST POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 10483 OF 2011 B ------------------------------------------------------ Dated this the 21st day of December, 2011 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.2 in Crime No.583 of 2011 of Kottayam West Police Station. 2. The offences alleged against the accused are under Section 394 read with Section 34 of the Indian Penal Code and Section 3 read with Section 25(1)(a) of the Arms Act. 3. The prosecution case is the following: Accused Nos.1 to 3 conspired together to commit robbery at a jewellery at Kottayam and in furtherance of that conspiracy, they entered into the jewellery on 7.7.2011 at about 12.45 P.M. and at gunpoint looted a quantity of 7 kgs. of gold ornaments from the jewellery. It is alleged that the first accused (Manoj Xavier) employed the other accused for his assistance to commit the offence. A gun was procured from accused No.4 for the commission of the offence. B.A.NO.10483 OF 2011 :: 2 :: 4. B.A.No.8050 of 2011 filed by the petitioner was dismissed by the order dated 10.10.2011. 5. As per the order dated 6.12.2011 in B.A.No.9626 of 2011, bail was granted to accused No.1. It is submitted by the learned counsel for the petitioner that the committal proceedings are over. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner and that the committal proceedings are over, 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 Rupees Fifty thousand with two solvent sureties for the like amount to the satisfaction of the court having jurisdiction, subject to the following conditions: a) The petitioner shall surrender his Passport before the Court having jurisdiction. If the petitioner does not have a Passport, an affidavit sworn to by him to that effect shall be filed before the Court having jurisdiction; B.A.NO.10483 OF 2011 :: 3 :: b) The petitioner shall report before the investigating officer who laid the charge between 9 A.M. and 11 A.M. on alternate Mondays, until further orders; c) The petitioner shall not leave the State of Kerala without the prior permission of the court having jurisdiction; 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 ahz/