IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932 Bail Appl..No. 3548 of 2010() ----------------------------------------- CRIME NO.466/2010 OF VADAKKENCHERRY POLICE STATION, PALAKKAD DIST. .................. PETITIONERS/ACCUSED 7 AND 8 ------------------------------------------------- 1. SANOJ, S/O. KRISHNAN, THOTTUNGAL VEEDU, KIZHAKKENCHERRY, PALAKKAD. 2. SHAMEER, S/O. MUHAMMED, KANNAMKULAM, KIZHAKKENCHERRY, PALAKKAD. BY ADV. SRI.P.K.MOHANAN (PALAKKAD) RESPONDENT/COMPLAINANT -------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/06/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. K.HEMA, J. ------------------ B.A. No.3548 of 2010 ------------------------------------ Dated this the 16th day of June, 2010 O R D E R Petition for bail. 2. The alleged offence is under Section 395 of the Indian Penal Code. According to prosecution, petitioners (A7 and A8) along with other accused committed robbery of money, camera and mobile phone of one of the witnesses in this case. The crime was registered on the basis of a confession statement of the first accused, when he was arrested in connection with another crime. The incident allegedly happened on 17.04.2010 at about 8.30 P.M. 3. Petitioners are accused nos. 7 and 8 and they are arrested on 04.05.2010. Petitioners are in custody for the past 42 days. Learned counsel for petitioners submitted that petitioners are absolutely innocent of the allegations made and they are aged only 20 and 21 years. There is nothing to connect the petitioners with the crime, except the alleged confession made by the first accused in this case. B.A. No.3548 of 2010 2 4. It is submitted that a native of Kollam, who is the alleged victim came to Alathur in search of a woman. As per the confession statement of the first accused, the accused felt that the victim is interested in women and hence, decided to harass him by taking away his articles and those are forcibly taken. When first accused was arrested in connection with another crime, he gave a statement implicating petitioners. They are innocent. They are not involved in any other crime so far. No recovery was effected from the petitioners. It was from the third accused that the mobile phone was recovered, it is submitted. 5. Learned Public Prosecutor submitted that the crime was registered not on the basis of the statement given by the alleged victim, but it was on the confession statement made by the first accused, while he was arrested in connection with another crime. It is conceded that petitioners are not involved in any other crime. In such circumstances, considering the stage of investigation, he has no objection in granting bail but conditions may be imposed, it is submitted. B.A. No.3548 of 2010 3 6. On hearing both sides, I am satisfied that bail can be granted on conditions. Hence the following order is passed: Petitioners shall be released on bail on their executing bond for Rs.25,000/- 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 report before the Investigating Officer on every Monday , between 10 A.M. and 1 P.M., until further orders. ii) In case, petitioners are involved in any similar offence, bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE ln