IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 Bail Appl..No. 7825 of 2009() ------------------------------------------ (CRIME NO.202/2009 OF THALASSERY POLICE STATION,KANNUR DISTRICT) PETITIONER (S): ACCUSED NO.3: -------------------------------------------------- SAJESH K,AGED 23 YEARS,S/O.SATHEESAN, KAVIL HOUSE,AZHEEKODE SOUTH P.O, VATTAKANDY DESOM. BY ADVS. MR.P.S.SREEDHARAN PILLAI, SMT. C.G. PREETHA. RESPONDENT(S): COMPLAINANT / STATE: ---------------------------------------------------------------- STATE OF KERALA,REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. --------------------------- B.A. No. 7825 of 2009 ------------------------------------ Dated this the 6th day of January, 2010 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.3 in Crime No.202/2009 of Thalassery Police Station. 2. The offences alleged against the petitioner are under Sections 362, 368 and 395 of the Indian Penal Code. 3. The prosecution case is the following: The de facto complainant belongs to Ollur. He was engaged in supplying finished gold ornaments to various jewellery shops in and around Kannur. On 08.05.2009, at about 9.30 P.M., while he was walking along the road at Kannur, the accused persons came in a Maruti Alto car, forcibly dragged the de facto complainant into the car and drove away. They robbed gold ornaments worth Rs. 2,50,000/-, currency of Rs. 9,000/- and a mobile phone from the de facto complainant. Later, he was abandoned at another place. 4. The petitioner surrendered before court on 16/11/2009 and he was remanded to judicial custody. B.A. No. 7825 /2009 2 5. As per the order dated 2/11/2009 in B.A.No.6214/2009, bail was granted to accused No.4. As per the order dated 21/12/2009 in B.A. No.7483/2009, bail was granted to accused No.1. 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 on stringent conditions. 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, Thalassery 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, 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. B.A. No. 7825 /2009 3 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