IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 Bail Appl..No. 7069 of 2009() ----------------------------- CRIME NO.680/2009 OF NADAKKAVU POLICE STATION .................... PETITIONER/ACCUSED -------------------------------------- VINEESH, AGED 26 YEARS, S/O.VELAYUDHAN NAIR, THAZHE MENORI HOUSE, KANDAMKULAM, ERABHIKKAL, KOZHIKODE DISTRICT. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA RESPONDENT(S): COMPLAINANT/STATE -------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7069 of 2009 --------------------------------------------- Dated this the 3rd day of December, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.680 of 2009 of Nadakkavu Police Station. 2. The offence alleged against the petitioner is under Section 392 of the Indian Penal Code. 3. The allegation is that on 2.12.2008, while the de facto complainant was walking along the side of the road, the petitioner, who was travelling as a pillion rider on a motor bike snatched the gold chain of the de facto complainant. The petitioner was arrested in connection with another case and his complicity in the present case was revealed. He was identified by the de facto complainant. The petitioner was arrested on 28.9.2009 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in another offence of similar nature. 5. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar BA No.7069/2009 2 nature while on bail in the present case. This undertaking is recorded. 6. The learned Sessions Judge dismissed the application for bail submitted by the petitioner by the order dated 24th October, 2009. The investigation has progressed much thereafter. 7. 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 and also taking note of the aforesaid undertaking, I am of the view that bail can be granted to the petitioner. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-IV, Kozhikode, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday and Thursday, 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; BA No.7069/2009 3 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 csl