IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 Bail Appl..No. 7054 of 2008() ----------------------------- CRIME NO. 845/2008 OF THRIKKAKARA POLICE STATION (S): PETITIONER/ACCUSED NO.2 ------------------------------------------- OMIYA BISWAS, S/O.ATHUL BISWAS, AGED 41 YEARS,NO.24, PARGANAS, KASHIPUR P.O. HABRA DISTRICT, (HABRA POLICE STATION LIMIT) WEST BENGAL. BY ADV. SRI.SAKIR.K.H. RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, THRIKKAKARA POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7054 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of December,2008 O R D E R Petition for bail. 2. The alleged offences are under sections 307, 397 read with section 34 IPC. According to prosecution, petitioner (A2) along with other accused in furtherance of common intention to commit murder, assaulted de facto complainant and robbed Rs.20,000/- from him. A cut injury was inflicted on de facto complainant by using a knife. 3. Learned counsel for petitioner submitted that petitioner was arrested on 14-9-2008 and he is in custody since then. Charge sheet has already been laid and hence, petitioner's detention is not required for investigation. 4. Learned Public Prosecutor submitted that petitioner belongs to West Bengal and if he is granted bail, it is likely that he will not be available for trial, since he may abscond. He will also influence and intimidate witnesses. However, if bail is granted, stringent condition may be imposed, it is submitted. 5. On hearing both sides, I find that bail can be granted to BA 7054/08 -2- petitioner on stringent conditions. Hence, the following order is passed:- 1) Petitioner shall be released on bail on his executing a bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate (Surety shall be local sureties). In addition to the two sureties one of the close relatives of petitioner shall also execute bond for the same amount whether he/she is solvent or not. 2) Petitioner shall report before the Investigating Officer on every alternate day between 10 a.m. and 1 p.m. until further orders. 3) Petitioner shall not leave the limits of the police station within which the crime is registered except with the prior permission of the learned Magistrate. 4) Petitioner shall not intimidate or influence any witness or commit any offence while BA 7054/08 -3- on bail and in case breach of this condition, bail is liable to be cancelled. This petition is allowed. K.HEMA, JUDGE. mn.