IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 Bail Appl..No. 791 of 2010() ---------------------------- CRIME NO.266/2009 OF MAVELIKARA POLICE STATION PETITIONERS : ACCUSED NO.1 ------------------------------- AJIKUMAR, S/O.CHELLAPPAN ELAMPLAVIL, MUTTOM NORTH MURI, THATTRAMBALAM, MAVELIKARA. BY ADV. SRI.P.S.SREEDHARAN PILLAI RESPONDENT(S): COMPLAINANT ----------------------------------------- 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 15/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.791 of 2010 --------------------------------------------- Dated this the 15th day of February, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.266 of 2009 of Mavelikara Police Station. 2. The offences alleged against the petitioner are under Sections 450, 427 and 395 of the Indian Penal Code. 3. The prosecution case is that on 25.5.2009, at 8.30 P.M., while the de facto complainant and his wife were not in the house, the accused persons criminally trespassed into the house of the de facto complainant and took away a DVD player, stabilizer, mobile phone and Rs.1,41,000/- kept in an unused refrigerator. It is alleged that the petitioner demanded an additional sum of Rs.50,000/- as brokerage on account of the sale of a land belonging to the de facto complainant's wife, but she refused to pay the amount. Further allegation is that the accused persons committed the offence on account of the refusal to pay the aforesaid amount. The petitioner was arrested on 30.12.2009. He is in judicial custody since then. BA No.791/2010 2 4. The Bail Application submitted by the petitioner was dismissed by the learned Magistrate as well as the learned Sessions Judge. 5. The learned Public Prosecutor submitted that the petitioner is involved in four other cases and that proceedings have been initiated under the Kerala Anti Social Activities (Prevention) Act, 2007 against the petitioner. It is also submitted by the learned Public Prosecutor that after completing the investigation, charge sheet was filed in the case on 31.10.2009. 6. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence while on bail in the present case. This undertaking is recorded. The learned counsel for the petitioner also pointed out that the petitioner is prepared to comply with any condition that may be imposed by the court. 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 fact that the charge sheet was filed in the case and also taking note of the aforesaid undertaking, I am of the view that bail can be granted to the BA No.791/2010 3 petitioner on stringent conditions. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Mavelikara, subject to the following conditions: a) The petitioner shall report before the C.I. of Police, Mavelikara between 9 A.M. and 11 A.M. on all Wednesdays and Saturdays for a period of two months and thereafter on all Wednesdays, until further orders; b) The petitioner shall not enter into the limits of Mavelikara Police Station for a period of one month except for complying with condition (a); 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 csl