IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 Bail Appl..No. 6362 of 2009() ----------------------------- CRIME NO.152/2009 OF KIDANGOOR POLICE STATION, KOTTAYAM .................... PETITIONER/ACCUSED NO.12 -------------------------------------------- JOBIN,S/O.JOSEPH, MOOZHIKKAL VEEDU,KIDANGOOR VILLAGE, KIDANGOOR KARA,KOTTAYAM. BY ADV. SRI.S.RAJEEV RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. (CRIME NO.152 OF 2009 OF KIDANGOOR POLICE STATION) PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/11/2009, ALONG WITH BA NO. 6363 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.Nos.6362 & 6363 of 2009 --------------------------------------------- Dated this the 16th day of November, 2009 ORDER These are applications for bail under Section 439 of the Code of Criminal Procedure. The petitioner in Bail Application No.6362 of 2009 is accused No.12 and the petitioner in Bail Application No.6363 of 2009 is accused No.11 in Crime No.152 of 2009 of Kidangoor Police Station, Kottayam District. 2. The offences alleged against the petitioners are under Sections 395, 120B and 212 of the Indian Penal Code. 3. The gist of the prosecution case is the following: The goonda gang of one Aayi Saji used to engage themselves in intercepting lorries taking river sand and collect huge amounts from them. On 1.5.2009, the lorry belonging to the defacto complainant was forcibly taken away by accused Nos.1 to 10. A sum of Rs.5,000/- was snatched from the driver of the lorry. The lorry was found in an abandoned state on the next day. The allegation against the petitioners (accused Nos.11 and 12) is that they pretended as mediators and facilitated extracting money from the lorry owners and drivers. BA No.6363/2009 2 4. The learned counsel appearing for accused No.11 submits that accused No.11 owns a lorry and Aayi Saji and his gang used to collect amounts from accused No.11 while sand was being taken in the lorry. Accused No.11 had even filed a petition before the Superintendent of Police, Kottayam complaining about the activities of Aayi Saji. 5. The learned Public Prosecutor submitted that the story put forward by accused No.11 is false. It is true that a petition was filed by him. Later, he approached the police and stated that he had not submitted such a petition. It is also submitted by the learned Public Prosecutor that accused No.11 is involved in another case. 6. Accused Nos.11 and 12 were arrested on 22.9.2009 and they are in judicial custody since then. Accused No.12 was arrested in connection with Crime No.582 of 2009 of Pala Police Station and his formal arrest was recorded in the present case on 22.9.2009. 7. 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 BA No.6363/2009 3 investigation, I am of the view that bail can be granted to the petitioners on stringent conditions. The petitioners shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Ettumanoor, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday and Thursday for a period of two months and thereafter on every Monday, 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) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Applications are allowed as above. K.T.SANKARAN, JUDGE csl