IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 Bail Appl..No. 7938 of 2011() ------------------------------------------ (CRIME NO.557/10 OF HARIPPAD POLICE STATION, ALAPPUZHA DISTRICT) .... PETITIONERS/ACCUSED NOS.4 AND 5: ------------------------------------------------------------ 1. MUKESH, S/O. MURALEEDHARAN, MUKESH BHAVAN, NANGIARKULANGARA, ALAPPUZHA. 2. VIMAL KUMAR, S/O. VIJAYAN KUMAR, MANAPPALLIL HOUSE, NAGIARKULANGARA. BY ADVS. SRI.R.SUNIL KUMAR, SMT.A.SALINI LAL. RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, THROUGH THE SUB INSPECTOR, HARIPAD POLICE STATION. BY PUBLIC PROSECUTOR SRI. V. MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/10/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T.SANKARAN, J. --------------------------------- B.A. No.7938 OF 2011 --------------------------------- Dated this the 10th day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos. 4 and 5 in Crime No.557 of 2010 of Haripad Police Station, Alappuzha District. 2.The offence alleged against the petitioners is under Section 395 of the Indian Penal Code. 3.The prosecution case is that on 11.9.2010 at 10.30 P.M, while the defacto complainant and his friend stopped the lorry in which they were travelling for taking food, they were attacked by the accused persons and forcibly took away the mobile phone and Rs.12,500/- from the defacto complainant. The petitioners were arrested on 18.9.2010 and they were remanded to judicial custody. 4.Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of B.A. No.7938 OF 2011 2 investigation, I am of the view that bail can be granted to the petitioners. 5.The petitioners shall be released on bail on their executing bond for Rs.25,000/-(Rupees Twenty Five thousand only) each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Haripad, subject to the following conditions: A) The petitioners shall report before the investigating officer between 9 A.M and 11 A.M on all Mondays, till the final report is filed or until further orders. B) The petitioners shall appear before the investigating officer for interrogation as and when required; C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. E) The petitioners shall cooperate with the investigating officer in the matter of investigation. B.A. No.7938 OF 2011 3 F) 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 cms