IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 Bail Appl..No. 2664 of 2010() -------------------------------------- CMP.322/2010 of D.C. & SESSIONS COURT,KOZHIKODE . CRIME NO.151/2009 OF MEDICAL COLLEGE POLICE STATION, KOZHIKODE .................... PETITIONER/ACCUSED 1 AND 2 ---------------------------------------------- 1. FAIJAS @ BAVUTTY, S/O.ALI, AGED 25 YEARS, MANAKKANCHERY, KALIKKUNNU. 2. SHAMEER ALI @ BAVUTTY, S/O.HASSAN, AGED 29, MANAKKANCHERY, KALIKUNNU. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.HEMA, J. ------------------ B.A. No. 2664 of 2010 ------------------------------------ Dated this the 27th day of May, 2010 O R D E R Petition for bail. 2. The alleged offence is under Section 392 read with Section 34 of the Indian Penal Code. According to prosecution, on 04.03.2010, petitioners (A1 & A2) in furtherance of their common intention committed robbery of a gold chain worn by de facto complainant while travelling in a motor cycle. 3. Learned counsel for petitioners submitted that first petitioner was taken into custody on 06.10.2009, about 6 months back, in connection with crime No. 437/2009 of Nallalam Police Station and he was granted bail in the said case. Before he could be released, he was falsely implicated in 8 other crimes of similar nature and his formal arrest was recorded on 11.11.2009. Only because he was arrested in one of the cases liability in all the other cases was fastened on him. Petitioners are innocent of the allegations made and they are prepared to abide by any condition and they will not get involved in any other case, it is submitted. Petitioners are very young, it is submitted. B.A. No. 2664 of 2010 2 4. Learned Public Prosecutor submitted that first petitioner is involved in 9 cases of similar nature. In this case, the robbery was actually committed by second petitioner and the motor cycle used was driven by first petitioner. Charge is laid in this case. 5. On hearing both sides, considering various facts and circumstances, particularly age, I think petitioners can be given an opportunity to refine, they are actually guilty of the allegations and bail can be granted on conditions. Hence the following order is passed: Petitioners shall be released on bail on their executing a bond for Rs.50,000/-each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: i) Petitioners shall appear before the Investigating Officer on every day, between 10 A.M. and 1 P.M., until further orders. ii) Petitioners shall not use any motor bike until further orders. B.A. No. 2664 of 2010 3 iii) Petitioners shall not influence or intimidate any witnesses or tamper with the evidence. iv) In case, petitioners are involved in any similar offence, bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE ln