IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 27TH AUGUST 2010 / 5TH BHADRA 1932 Bail Appl..No. 5107 of 2010() (CRIME NO.899/2010 OF VAIKOM POLICE STATION) ----------------------------- PETITIONER/ACCUSED NO.1 ------------------------------------------- NINISH KUMAR, S/O. HRISHI KANTH YADAV, NEAR KALONI SIVA TEMPLE, KATHRA GRAMAM, SUPPOL DISTRICT, BIHAR STATE. BY ADV. SRI.A.C.DEVY RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PP SMT.LATHA T THANKAPPAN THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27.08.2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 5107 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of August, 2010 ORDER This is a petition filed under Section 439 of Criminal Procedure Code seeking bail. 2. The Petitioner is the first accused in Crime No.899 of 2010 of Vaikom Police Station for having committed the offence punishable under Section 420 read with Section 34 of the Indian Penal Code. The allegation against the petitioner is that he along with another person, on 23.7.2010 at about 11 a.m., approached the defacto complainant and tried to deprive of her gold chain worth Rs.18,000/-. Petitioner claims that he is totally innocent and he has been falsely implicated. He claims to be a construction worker. Petitioner was arrested on 23.7.2010 and produced before the JFCM-I, Vaikom and ever since then he is in custody. His earlier application for bail filed before the Magistrate court was dismissed. Petitioner says that he B.A.5107/2010. 2 had not committed any crime and that at any rate his continued custody is unnecessary. 3. Learned Public Prosecutor opposes the application. It is pointed out that the petitioner is from another State. If bail is granted to him, he may not be available for trial. 4. Considering the nature of the allegations, it is felt that adequate safeguards can be made to ensure the availability of the petitioner for further proceedings. He has been in custody from 23.7.2010 onwards. A good part of the investigation must have been over by now. In the result, this application is allowed as follows: 1) Petitioner shall be released on bail on his executing a bond for Rs.15,000/- (Rupees Fifteen Thousand only) with two solvent sureties for the like sum each to the satisfaction of JFCM-I, Vaikom. 2) Petitioner shall report before the investigating officer on every Tuesday between 10 a.m. and 11 a.m. till final report is laid. B.A.5107/2010. 3 3) Petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses. P. BHAVADASAN, JUDGE sb.