IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 Bail Appl..No. 9626 of 2011() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.8368/2011 CRIME NO.583/2011 OF KOTTAYAM WEST POLICE STATION .................... PETITIONER/ACCUSED NO.1 ------------------------------------------- MANOJ XAVIER, S/O.XAVIER (LATE), AGED 36 YEARS, E-3-D.D.NEST, KALOOR P.O., ERNAKULAM, KOCHI-17, (FROM H.NO.49/1093, KURISINGAL HOUSE, INDIRA ROAD, EDAPPALLY, KOCHI-24). BY ADV. SRI.B.RAMAN PILLAI SRI.R.ANIL SRI.ANIL K.MOHAMMED SRI.SUJESH MENON V.B. SRI.SHYAM ARAVIND SRI.T.ANIL KUMAR SRI.MANU TOM RESPONDENT: COMPLAINANT -------------------------- STATE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.9626 of 2011 ---------------------------------------------- Dated this the 06th day of December, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.583 of 2011 of Kottayam West Police Station. 2. The offences alleged against the petitioner are under Sections 394 and 450 read with Section 34 of the Indian Penal Code and Section 5 read with Section 25(1) (a) of the Arms Act. 3. The prosecution case is the following:- On 07/07/2011 at 12.45 P.M., accused Nos.1 and 2 entered into Kunnathukalathil Jewellery at Central Junction, Kottayam. They were received and offered seat in the jewellery. The accused wanted to purchase a bangle. Suddenly accused No.2 took out a gun and aimed at the salesman in the jewellery. He pulled the trigger and fired at the floor. The customers in the shop and staff of the jewellery were asked to sit down on the floor. When two of the customers tried to get up they were compelled to sit down by pointing the gun towards them. The accused went to the Bail Appln.No.9626/2011 : 2 : display counter and robbed gold ornaments worth Rupees 1 ½ crores and escaped. Accused No.2 was arrested, while he was travelling in a bus. The ornaments were recovered from him. On the next day, namely, 08/07/2011, the petitioner was arrested and he was remanded to judicial custody. 4. It is submitted that the charge sheet was filed and thereafter the committal proceedings are also over. 5. The petitioner is in judicial custody since 08/07/2011. Since the committal proceedings are over, I do not think it is necessary to detain the petitioner any further. 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 offences and that the charge was laid, 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 `50,000/- (Rupees Fifty thousand only) with two solvent sureties for the like amount to the satisfaction of the court having jurisdiction, subject to the following conditions:- Bail Appln.No.9626/2011 : 3 : A) The petitioner shall surrender his Passport before the court having jurisdiction. If the Passport was seized by the police or if the petitioner does not have a Passport, an affidavit sworn to by him to that effect shall be filed before the court having jurisdiction. B) The petitioner shall appear before the officer, who laid the charge, between 9 A.M. and 11 A.M. on alternate Mondays until further orders. 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 skj