IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 Bail Appl..No. 4276 of 2008() ----------------------------- CRIME NO.459/08 OF PATHANAMTHITTA POLICE STATION CC NO.243/08 OF JFCM COURT-I, PATHANAMTHITTA PETITIONER/ACCUSED NO.1 TO 3 IN C.C. 243/2008 ----------------------------------------------------------------- 1. BHANUPRIYA, D/O MARIYAMMA, AGED 22 YEARS, STREET NO.3, ULUVANACHAY, NAGARCOVIL, KANYAKUMARI DISTRICT, TAMIL NADU STATE. 2. THILAKAM, D/O MARIYAMMA, AGED 40 YEARS, STREET NO.3., ULUVANACHAY, NAGARCOVIL, KANYAKUMARIDISTRICT, TAMIL NADU STATE. 3. VELLAYMMA,D/O MARIYAMMA, AGED 19 YEAS, STREET NO.3.,ULUVANACHAY, NAGARCOVIL KANYAKUMARIDISTRICT, TAMIL NADU STATE. BY ADV. SRI.IEANS.C.CHAMAKKALA RESPONDENT: COMPLAINANT & STATE ------------- KERALA STATE REPRESENTED BY THE S.H.O., PATHANAMTHITTA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------- B.A.No.4276 of 2008 ------------------------------------------- Dated this the 4th day of July, 2008 ORDER This petition is for bail. 2. The alleged offences are under Sections 379 and 34 IPC. According to the prosecution, petitioners, three in number, (who are women) in furtherance of their common intention snatched away a gold chain, weighing 1½ sovereign, from the neck of the child of CW3 and the accused escaped in an autorickshaw. They were chased in a jeep by Cws 1 and 3 and stopped the autorickshaw. The petitioners were restrained and handed over to the police. 3. Learned counsel for the petitioners submitted that though the petitioners were caught immediately after the incident, the gold chain could not be recovered. Only Rs.300/- was with them. The petitioners were apprehended on a mistaken impression. It is also submitted that the incident happened in a crowd and hence people misunderstood the involvement of petitioners as the offenders. The petitioners are not the actual BA No.4276/08 2 culprit. They are residing in Changanacherry and they are prepared to abide by any condition, it is submitted. The recovery could not be effected so far but the charge sheet is laid before the trial court. The petitioners are in custody from 6.6.2008 onwards. 4. On hearing both sides, I find that further detention may not be required for the purpose of investigation. However, learned public prosecutor pointed out that the petitioners belong to Tamil Nadu and their presence cannot be ensured at the time of trial. Therefore, stringent conditions may be imposed: Hence, bail is granted to the petitioners on the following terms and conditions: (i) Petitioners shall execute a bond for Rs.50,000/- each with two solvent local sureties each for the like sum to the satisfaction of the Magistrate Court, concerned. (ii) Petitioners shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. (iii) Petitioners shall not leave the limits of the Changanacherry police station except for compliance of condition no.(ii). BA No.4276/08 3 (iv) Petitioners shall not tamper with evidence, influence or threaten any of the witnesses and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl