IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 Bail Appl..No. 6102 of 2009(E) ------------------------------------------ (CRIME NO.201/2009 OF MAJJESHWAR POLICE STATION) ......... PETITIONER/IST ACCUSED: ---------------------------------------- KHALID, S/O.ABDUL RAHIMAN, MOGRAL MANZIL BAITHAL, MANGALPADY VILLAGE, KASARAGOD TALUK. BY ADV. MR.T.G.RAJENDRAN. RESPONDENTS/COMPLAINANT/STATE: --------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, MANJESHWAR POLICE STATION. 2. STATE, REP; BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR MR. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/10/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K.T. SANKARAN, J. --------------------------- B.A. No. 6102 of 2009 ------------------------------------ Dated this the 22nd day of October, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No. 201/2009 of Manjeshwar Police Station, Kasaragod. 2. The offence alleged against the petitioner is under Section 394 of the Indian Penal Code. 3. The prosecution case is that on 4/7/2009 at 1.15 P.M., the accused persons, three in number, came on a motor bike and snatched a chain weighing 1½ sovereigns of gold, a ring weighing 5gms of gold, ATM card, Rs. 2,000/- and a mobile phone from the defacto complainant. The defacto complainant was working as a pump operator in Kerala Water Authority Pump House. The petitioner was arrested on 25/9/2009 and he was remanded to judicial custody. 4. 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.6102/2009 2 petitioner on stringent conditions. 5. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Chief Judicial Magistrate, Kasaragod 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 Application is allowed as above. K.T. SANKARAN, JUDGE scm