IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 Bail Appl..No. 7534 of 2009() ------------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPCR.497/2009 CRIME NO. 243/2009 OF KILIMANOOR POLICE STATION .................... PETITIONER/ACCUSED NO.1 : --------------------------------- ANILKUMAR @ ADIYAN APPOOPPAN, S/O. SIVADASAN, THUNDUVILA VEEDU, NEAR MADAN NADA TEMPLE, MUDAPURAM, KIZHUVILAM VILLAGE. BY ADV. SRI.P.M.SANEER RESPONDENT: --------------- THE SUB INSPECTOR OF POLICE, KILIMANOOR, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/01/2010 ALONG WITH B.A.NOS. 7544/2009 AND 7545/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. Nos. 7534, 7544 and 7545 of 2009 ----------------------------------------------- Dated this the 4th day of January, 2010 O R D E R The petitioner in all these Bail Applications is the same person. He is the first accused in Crime Nos. 243/2009, 461/2006 and 678/2009 of Kilimanoor Police Station. These applications are filed by the petitioner under Section 439 of the Code of Criminal Procedure. 2. The details regarding the Crime number, offence alleged, date of occurrence and date of arrest are shown below: Crime No Offence alleged Date of occurrence Date of arrest 243/2009 457, 461, 380 03/05/09 28/11/09 461/2006 457, 461, 380 30/08/06 28/11/09 678/2009 401 28/11/09 28/11/09 3. The prosecution case is the following: On 28.11.2009 at 2 A.M., the petitioner and other accused persons were found in suspicious circumstances, having in their possession the weapons usually used to commit house breaking and theft. The petitioner was arrested on 28.11.2009. It is also alleged that the petitioner is the first accused in Crime No. B.A. Nos. 7534, 7544 and 7545 of 2009 2 461/2006, in which the allegation is that on 30.08.2006, the accused persons committed house breaking and gold ornaments worth Rs. 45,000/- and Rs.700/- were stolen. In Crime No.243/2009, the allegation is that on 03.05.2009, the accused persons committed house breaking and committed theft of gold ornaments and Rs. 57,000/-. 4. The petitioner alleges that on 21.11.2009, his vehicle hit against the private vehicle owned by a police officer. On account of the same, the petitioner was arrested on 21.11.2009 and he was kept by the police in illegal custody. The wife of the petitioner filed a Habeaus Corpus petition before the High Court as W.P. (crl) No. 497/2009. That writ petition was disposed of as per the judgment dated 30.11.2009, recording the submission that the petitioner was arrested on 28.11.2009 and he was remanded to judicial custody. The Division Bench left open the contention of the petitioner that he was illegally arrested on 21.11.2009, to be raised at the appropriate stage. 5. 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 B.A. Nos. 7534, 7544 and 7545 of 2009 3 petitioner on stringent conditions. 6. The petitioner shall be released on bail on his executing bond for Rs.25,000/- in each case with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Attingal 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. 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 Applications are allowed as above. K.T. SANKARAN, JUDGE ln