IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 Bail Appl..No. 5583 of 2008() ----------------------------- AGAINST THE ORDER DATED / / IN CRMP 8680/2008 IN CRMP.7865/2008 of J.M.F.C.,CHALAKUDY (CRIME NO. 528/2008 OF CHALAKUDY POLICE STATION) PETITIONER/ACCUSED ----------------------------------- 1. NISHAD, S/O.SUBAIR, KAYAMKULAM HOUSE, ALOOR VILLAGE, KAROOR DESOM. 2. JINSHAD @ PALLAVUR, S/O.VAHAB, KALAKKATTUKARAN HOUSE, ALOOR DESOM, ALOOR VILLAGE. 3. JOPHY @ PETER, S/O. PULLAN JOSE, PERAMBRA VILLAGE, KOTTA DESOM, NILAVIL MATTATHUR VILLAGE. BY ADV. SRI.RAJESH CHAKYAT RESPONDENTS: COMPLAINANT ------------------------ THE SUB INMSPECTOR OF POLICE, CHALAKUDY REP BY; THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ------------------------------------------------ Bail Appl.No. 5583 of 2008 ------------------------------------------------ Dated this the 5th day of September, 2008. ORDER Petition for bail. 2. Petitioners are A2, A4 and A6 in the crime. The alleged offence is under Section 399 of IPC. According to prosecution, the accused, 6 in number, were found making preparation for committing dacoity and they were in possession of iron rods and chilly powder on 4.7.2008 at 6 p.m. On seeing the police the accused ran away. A2 and A6 were arrested on 4.7.2008 from the spot. A4 was arrested on 17.7.2008. 3. Petitioners are in custody for the past more than one month. Learned Public Prosecutor submitted that A2 and A4 are involved in other crimes of similar nature and hence stringent conditions may be imposed while granting bail. Hence, bail is granted to the petitioners on the following terms and conditions: i) Petitioners shall execute a bond for Rs.50,000/- each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) Petitioners shall report before the Investigating Officer on [B.A.5583/08] 2 every alternate day between 10 A.M. and 1 P.M. until further orders. iii) Petitioners shall not leave the police station within which crime is registered without the prior permission of the learned Magistrate. iv) Petitioner shall not influence or intimidate any witness or tamper with evidence or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. Petition is allowed. K. HEMA, JUDGE. Krs.