IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 Bail Appl..No. 3010 of 2009() ----------------------------- CRIME NO.265/2009 OF THRISSUR TOWN WEST POLICE STATION .................... PETITIONERS/ACCUSED --------------------------------------- 1. MANJULA, AGED 35 YEARS, W/O.RAMU, DOOR NO.10, C/O.VALLIYAMMA, SHOLLADORAI, VADAKKUMMURI, THATHAMANGALAM, PALAKKAD DISTRICT. 2. JYOTHI, AGED 33 YEARS, W/O.MUTHU, DOOR NO.10, C/O.VALLIYAMMA, SHOLLADORAI, VADAKKUMMURI, THATHAMANGALAM, PALAKKAD DISTRICT. BY ADV. SRI.S.RAJEEV RESPONDENT(S): STATE -------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (CRIME NO. 265 OF 2009 OF AYYANTHOLE POLICE STATION). PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------- B.A.No.3010 of 2009 ---------------------------- Dated this the 10th day of June, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are the accused in Crime No.265 of 2009 of Thrissur Town West Police Station. 2. The offence alleged against the petitioners is under Section 511 of Section 379 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 25.4.2009, at about 7 A.M., the petitioners attempted to snatch away a gold chain weighing 4½ sovereigns worn by a lady, when she was in a queue for darsan of Matha Amrithanandamayi at Matha Bhrammasthana Temple, Ayyanthole. The petitioners were arrested on 25.4.2009 and they are in judicial custody. The Bail Application moved by the petitioners before the Sessions Judge was dismissed on 22.5.2009. One of the reasons stated by the learned Sessions Judge is that the public prosecutor has reported that the petitioners have given false address. 4. It is stated by the learned counsel for the petitioners that the petitioners belong to Madurai in Tamil Nadu. He also stated that he has received by fax, copy of the Electoral identity card of the BA No. 3010/2009 2 second petitioner. The petitioners are at present residing at Vadakkummuri, Thathamangalam, Palakkad, submits the counsel. 5. Learned public prosecutor submitted that the charge was laid on 30.4.2009. 6. 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 that the charge was laid, I am of the view that bail can be granted to the petitioners. 7. 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-II, Thrissur. The sureties shall be persons belonging to Palakkad District who own immovable properties in Palakkad District. The sureties shall also produce the title deeds and possession certificate before the learned Magistrate. The title deeds shall be returned to them after perusal. The grant of bail is also subject to the following conditions: a) Proper identity of the petitioners shall be established before court either by producing electoral identity card or any other document to the satisfaction of the learned Magistrate. The petitioners shall also produce documents or affidavits of reliable persons to show their present residential address; BA No. 3010/2009 3 b) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; d) 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 csl