IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 Bail Appl..No. 6033 of 2009() ------------------------------------- CMP.7940/2009 of J.M.F.C.-II,NEYYATTINKARA C.R. NO. 178/2009 OF POZHIYOOR POLICE STATION .................... PETITIONER/ACCUSED NO.10: ------------------------------------------ SASI, AGED 34 YEARS, S/O.VARGHESE, NEDUVANVILA MOTHIRAMMADAKKI VEEDU, KARUMANOOR DESOM, PARASSALA VILLAGE. BY ADV. SRI. BLAZE K.JOSE RESPONDENT/ COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING SUB INSPECTOR, POZHIYOOR POLICE STATION. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6033 of 2009 ------------------------------------ Dated this the 19th 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.10 in C.R. No. 178/2009 of Pozhiyoor Police Station. 2. The offences alleged against the petitioner are under Sections 120B, 395 and 412 of the Indian Penal Code read with Sections 20 and 27 of the Arms Act. The petitioner was arrested on 10/9/2009. He is in judicial custody. 3. On 31/8/20009, while the defacto complainant and his brother-in-law were coming on a motor bike after closing the jewellery shop of the defacto complainant, accused Nos. 1 to 4 attacked them with swords and other dangerous weapons and robbed 4 ½ kgms. of gold ornaments. The prosecution further alleges that accused No.3 entrusted some of the ornaments to accused No.8 for sale. Accused No.8 entrusted some of the ornaments to accused No.10 (the petitioner herein). The allegation is that some of the ornaments were sold by accused No.10 and some other ornaments were kept in his possession. B.A. No. 6033 / 2009 2 According to the prosecution, the petitioner received the stolen articles fully knowing that the articles were stolen. 4. Bail Application No.5534/2009 filed by the petitioner was dismissed by the order dated 7/10/2009. The petitioner is in judicial custody since 10/9/2009. 5. 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. 6. 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-II, 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 for a period of two months and thereafter on every Monday, 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. B.A. No. 6033 / 2009 3 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 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