IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 Bail Appl..No. 3199 of 2009 CRIME NO.186 OF 2009 OF THE KOTTAKKAL POLICE STATION PETITIONER/ACCUSED NOS.18,19 ------------------------------------------------ 1. PRABHINKUMAR, S/O.MOHANKUMAR AGED 25 YEARS, THANANCHARAPARAMBIL, ERANHIPALAM, KOZHIKKODE. 2. NOUFAL, S/O. ABOOBACKER CHERIYALINGAL PARAMBU HOUSE RUKSANA MANZIL, KALLANTHODI, POKKUNNU,KOZHIKODE DISTRICT BY ADV. SRI.BABU S. NAIR RESPONDENT: STATE: --------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE KOTTAKKAL POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM,KOCHI-31. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3199 OF 2009 B ------------------------------------------------------ Dated this the 15th June, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.18 and 19 in Crime No.186 of 2009 of Kottakkal Police Station. 2. The offence alleged against the petitioners is under Section 399 of the Indian Penal Code. 3. The prosecution case is that on 5.5.2009 at 3 A.M., the petitioners and the other accused were found in three vehicles near a restaurant at Kottakkal, after having made preparation to commit the offence of decoity. Weapons like sword, iron rod, mask, coir pieces, cloth pieces etc. were recovered from the vehicles. 4. The petitioners moved Bail Application No.2857 of 2009 before this Court, which was dismissed by this Court as per the order dated 4th June, 2009. B.A. NO.3199 OF 2009 :: 2 :: 5. Learned Public Prosecutor submitted that one Kannan who was making constant contact with the third accused over mobile phone could not be arrested till now. The petitioners were interrogated by the police on getting custody as per the order of the court. 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 the present stage of investigation, I am of the view that bail can be granted to the petitioners, in view of the change of circumstance that other accused persons in the case, except one, were granted bail. 7. The petitioners shall be released on bail on their executing bond for Rs.1,00,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-Malappuram, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, 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; B.A. NO.3199 OF 2009 :: 3 :: 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 Application is allowed as above. (K.T.SANKARAN) Judge ahz/