IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 Bail Appl..No. 7276 of 2008() ----------------------------- CMP.1372/2008 of J.M.F.C.-II,NEYYATTINKARA CRIME NO.585/08 OF PARASSALA POLICE STATION PETITIONER: 2ND ACCUSED ------------------------------- ANISH, S/O. VIJAYAN, THEKKUMKARA PUTHEN VEEDU, PARASSUVAIKKAL VILLAGE, NEYYATTINKARA. BY ADV. SRI.G.SUDHEER RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7276 of 2008 ----------------------------------------- Dated this the 3rd December, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 451, 354, 506(i), 394, 120B and 34 of the Indian Penal Code. According to prosecution, first accused, along with three identifiable persons, trespassed into the house of de facto complainant and took away her baby and threatened and caused fear of death to her, tied up her hands with a towel, assaulted her and snatched away her gold chain weighing 2 sovereigns. They are accused 1, 3, 4 and 5, out of which, accused 1 and 3 were arrested on 28.10.2008 and 31.10.2008 respectively. On confession of first accused, it is revealed that second accused is the person at whose instance the offence was committed, since de facto complainant lodged a complaint against petitioner, who is second accused. Therefore, petitioner was arrested on 29.10.2008. 3. Learned counsel for petitioner submitted that petitioner is absolutely innocent of the allegations made. BA.7276/08 2 4. Learned Public Prosecutor submitted that the plea innocence is not correct. However, he has no objection in granting bail to petitioner, taking into consideration the stage of investigation. 5. On hearing both sides, I am satisfied that bail can be granted to petitioners on conditions. Hence, bail is granted to petitioner on the following terms and conditions: i) Petitioner shall execute a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. ii) Petitioner shall report before the investigating officer on every Monday, Wednesday and Saturday between 10 AM and 1 PM until further orders. iii). Petitioner shall not tamper with evidence or influence the witnesses or intimidate them or commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.