IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 8TH MAY 2009 / 18TH VAISAKHA 1931 Bail Appl.No. 2272 of 2009 ----------------------------- CRIME NO.420/09 OF ANGAMALY POLICE STATION CMP.959/2009 of J.M.F.C.-II, ALUVA ................... PETITIONERS/ACCUSED 1 TO 5: ----------------------------------- 1. JAYA,AGED 40 YEARS, W/O. KANNAN, RESIDING AT PURAMBOKKU NEAR ELAVOOR KAVALA, KARUKUTTY NOW RESIDING AT PURAMNBOKKU NEAR ELAVOOR KAVALA, KARUKUTTY NOW RESIDING AT H. NO. 4 59, RAJIV GANDHI NAGAR, RAILWAY ROAD, NAGARKOVIL KOTTA, KANYAKUMARI DIST. 2. ANJALI, AGED 20 YEARS, D/O.MAHESWARAN, DO...DO.... 3. MUGAMMA, AGED 27 YEARS, W/O. MANIYANDI, DO..DO... 4. JAYA, AGED 20 YEARS, MUNIYANDI, DO...DO... 5. MAHALINGAM, AGED 50 YEARS, S/O. SADAYANDI, RESIDING NEAR, THOPPUKULAM BHAGAM, PURAMBOKE,ODAKKARA KARA, THIRUNELVELI DISTRICT, TAMILNADU STATE. BY ADV. SRI.P.V.ANILKUMAR SMT.J.RAJI RESPONDENT/COMPLAINANT -------------------------- STATE, REPRESENTED BY SUB INSPECTOR OF POLICE, ANGAMALY POLICE STATION, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR, SRI.C.M. NAZAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/05/2009, ALONG WITH BA NO.2276/09, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.T.RAVIKUMAR, J. ------------------------------------------- B.A.No.2272 of 2009 ------------------------------------------ Dated, this the 8th day of May, 2009 ORDER This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.1 to 5 in Crime No.420 of 2009 of Angamaly Police Station alleging commission of offence punishable under Section 379 read with Section 34 of the Indian Penal Code. 2. The petitioners were arrested on 26.2.2009 and since then they have been in judicial custody. Police have simultaneously registered similar crime against the petitioners. The case of the prosecution is that they snatched away gold chain weighing seven sovereigns kept in the bag of the de facto complainant while the de facto complainant was travelling in a bus. 3. I have heard learned counsel for the petitioner as also the learned Public Prosecutor. 4. Petitioners have been arrested on 26.2.2009 and since then they have been in judicial custody. The complicity of the petitioners is evident from the subsequent registration of similar crime against them. However, considering the fact that they have been in judicial custody B.A.No.2272 of 2009 2 since 26.2.2009 and final report is yet to be laid in this case, I think the petitioners who are women can be enlarged on bail with stringent conditions. 5. Accordingly this application is allowed subject to the following conditions: i) Petitioners shall be enlarged on bail on their executing a bond for Rs.50000/- each with two solvent sureties for the like sum each to the satisfaction of the Judicial I Class Magistrate-II, Aluva. ii) They shall report before the investigating officer in respect of the said crime on all days between 10 a.m. and 12 a.m. till the final report is laid. C.T.RAVIKUMAR, JUDGE vns