IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH FEBRUARY 2010 / 16TH MAGHA 1931 Bail Appl..No. 553 of 2010(S) CRIME NO.1803 OF 2009 OF THE KOCHI CUSBA POLICE STATION PETITIONER/ACCUSED -------------------------------------- SEBI ANTONY,AGED 32 YEARS, S/O.JOSEPH,PULICKAL HOUSE, NEAR JANATHA FERRY, EAST OF CONVENT,KUMBALANGHI. BY ADV. SRI.ASHIK K.MOHAMMED ALI RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOCHI CUSBA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 553 OF 2010 ------------------------------------------------------ Dated this the 5th day of February, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.1803 of 2009 of the Kochi Kasba Police Station. 2. The offences alleged against the petitioner are under Sections 294(b), 452, 506(i) and 427 of the Indian Penal Code. 3. The prosecution case is that on 25.12.2009, the petitioner trespassed into the residential house of the de facto complainant with a broken glass bottle in his hand and intimidated and threatened the de facto complainant and his wife. He broke open the outer door of the residential house and committed the acts of violence as alleged. The petitioner was arrested on 26.12.2009 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in several other cases and that he is a menace to the B.A. NO. 553 OF 2010 :: 2 :: society at large, since he is repeatedly involving in unlawful activities in the locality. The learned Public Prosecutor also submitted that after completing the investigation, charge sheet was filed on 30.1.2010 before the Court of the Judicial Magistrate of the First Class II, Kochi, where it is pending as C.C.No.172 of 2010. 5. The learned counsel for the petitioner submitted that the learned Sessions Judge did not grant bail relying on the submissions made by the Public Prosecutor that the petitioner is involved in six other cases. In the Bail Application, the petitioner has given details of the cases in which the petitioner was involved. It is stated that in two cases, the petitioner was acquitted in 2005 and 2007 and in two cases, in which the petitioner is an accused, investigation is going on. In respect of two other crimes, it is stated that the petitioner is not an accused. 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 fact that charge sheet was filed in the case, I am of the view that bail can be granted to the petitioner on stringent conditions. B.A. NO. 553 OF 2010 :: 3 :: 7. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – II, Kochi, subject to the following conditions: a) The petitioner shall report before the Station House Officer, Kochi Kasba Police Station between 9 A.M. and 11 A.M. on all Mondays and Thursdays, until further orders; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not enter into the limits of Kochi Kasba Police Station for a period of one month except for complying with condition (a); 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 ahz/