IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 Bail Appl..No. 6214 of 2009 -------------------------------------- (CRIME NO.202/2009 OF THALASSERY POLICE STATION) .................... PETITIONER/4TH ACCUSED: ----------------------------------------- SHAJI PANAKKADA, S/O.SASIDHARAN, AGED 34 YEARS, PAINTER, RURAL WOMEN COLONY, VARAM, ELYAVOOR, KANNUR. BY ADV. MR.C.P.PEETHAMBARAN. RESPONDENT/COMPLAINANT: -------------------------------------------- THE STATION HOUSE OFFICER, THALASSERY POLICE STATION, KANNUR, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/11/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K.T. SANKARAN, J. --------------------------- B.A. No. 6214 of 2009 ------------------------------------ Dated this the 2nd day of November, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.4 in Crime No.202/2009 of Thalassery Police Station. 2. The offences alleged against the petitioner are under Sections 362, 368 and 395 of the Indian Penal Code. 3. The prosecution case is the following: The defacto complainant belongs to Ollur. He was engaged in supplying finished gold ornaments to various jewellery shops in and around Kannur. On 08.05.2009, at about 9.30 P.M., while he was walking along the road at Kannur, the accused persons came in a Maruti Alto car, forcibly dragged the defacto complainant into the car and drove away. They robbed gold ornaments worth Rs. 2,50,000/-, currency of Rs. 9,000/- and a mobile phone from the defacto complainant. Later, he was abandoned at another place. The petitioner was arrested on 13.08.2009 and he was remanded to judicial custody. B.A. No. 6214 of 2009 2 4. The learned Public Prosecutor submitted that the recovery of the gold ornaments was effected. However, four accused persons are yet to be arrested. It is also submitted that the petitioner is involved in several other cases. 5. 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 present stage of investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. 5. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Thalassery subject to the following conditions:- A) The petitioner shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, till the final report is filed or until further orders. B) The petitioner shall appear before the Investigating Officer for interrogation as and when required. C) The petitioner shall not try to influence B.A. No. 6214 of 2009 3 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 ln