IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 Bail Appl..No. 4205 of 2009() --------------------------------------- CRMP.1707/2009 of ADDL.DISTRICT COURT-I,MAVELIKKARA CMP.1992/2009 of J.M.F.C.-I, MAVELIKKARA CRIME NO.266/2009 OF MAVELIKARA POLICE STATION. .................... PETITIONER/4TH ACCUSED ------------------------------------------ BINU @ UNNI, S/O. BHASKARAN, ALAYIL VEEDU, PELA MURI, KANNAMANGALAM VILLAGE, MAVELIKARA. BY ADV. SRI.VINCENT JOSEPH RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.4205 of 2009 ------------------------------------ Dated this the 3rd day of August, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the 4th accused in Crime No. 266/2009 of Mavelikkara Police Station. 2. The offences alleged against the petitioner are under Sections 452, 380, 395 and 427 of the Indian Penal Code. 3. The prosecution case is that accused Nos. 1 to 7, with the intention of committing robbery, entered into the house of one Ajith Kumar and took away Rs.1,41,000/- from his house. The accused persons also destroyed the valuable articles in the house of the defacto complainant. The petitioner was arrested on 5/06/2009. It is submitted that accused Nos.1,2, 5, 6 and 7 have not been arrested. Recovery of the amount has also not been made. 4. On perusal of Case Diary, it is seen that the offence was committed as some of the accused persons demanded Rs.50,000/- as brokerage for the deal in respect of the immovable property. The immovable property was sold at the B.A. No.4205/2009 Page numbers instance of the first accused and out of the sale consideration Rs.3.75 lakhs was being kept by the defacto complainant. It would appear that further amount was demanded as brokerage and it was not paid by the defacto complainant. On account of that, it is alleged that the offence was committed and the amount was taken away. 5. It is submitted by the learned Public Prosecutor that the first accused is a goonda and he is involved in several other offences. However the petitioner has no criminal antecedents as per the instructions given by the learned Public Prosecutor. 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, Mavelikara subject to the following conditions:- B.A. No.4205/2009 Page numbers 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 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