IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 12TH MAY 2009 / 22ND VAISAKHA 1931 Bail Appl..No. 2384 of 2009 ----------------------------- CRIME NO.234/2005 OF FEROKE POLICEM STATION, KOZHIKODE .................... PETITIONER/ACCUSED --------------------------------- ASAD, S/O. AHAMMED KUTTY, THALEKUNNATH HOUSE, VAZHAKKAD, MALAPPURAM DISTRICT. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS/COMPLAINANT AND STATE -------------------------------------------------------------- 1. SUB INSPECTOR OF POLICE, FEROKE POLICE STATION, FEROKE. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.NOBLE MATHEW THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.T.RAVIKUMAR, J. ------------------------------------------- B.A.No.2384 of 2009 ------------------------------------------ Dated, this the 12th day of May, 2009 ORDER This is an application for regular bail filed by the 5th accused in S.C.No.277 of 2007 on the file of the Additional Assistant Sessions Judge-III, Kozhikode. The allegation is that he has committed offences punishable under Sections 395, 419, 120(b), 471, 468 read with Section 34 of the Indian Penal Code. 2. The case of the prosecution is that the petitioner and other accused persons trespassed into the house where the de facto complainant and 15 others were playing cards disguising themselves as police officers and committed robbery of Rs.4.5 lakhs by impersonation. Petitioner was arrested in connection with the crime and he was released on bail. The said case was later committed to the Sessions Court and was made over to the Additional Assistant Sessions Judge-III, Kozhikode and now it is pending there as S.C.No.277 of 2007. That court earlier granted bail to the petitioner, but a non bailable warrant was issued on the ground that he did not B.A.No.2384 of 2009 2 appear before that Court when summons was issued to him. However, it is a fact that the petitioner was in jail in connection with another case and, therefore, it could not be legally said that the petitioner had failed to appear before the court on receipt of summons. 3. Considering the circumstances and the fact that the petitioner is in judicial custody since 1.4.2009 and that he was earlier enlarged on bail by the Court, I think the petitioner can be enlarged on bail on conditions: 4. Accordingly this application is allowed on the following conditions: i) The petitioner shall be enlarged on bail on his executing a bond for Rs.50000/- with two solvent sureties for the like sum each to the satisfaction of the Additional Assistant Sessions Judge-III, Kozhikode where the case is pending as S.C.No.277 of 2007. ii) If the petitioner is in possession of passport, if any, shall give details and surrender the same. iii) To ensure his availability for trial, the petitioner shall appear before the investigating officer in respect of the said case once in a month till the final dispose of the case. B.A.No.2384 of 2009 3 iv) Petitioner shall not tamper with or attempt to tamper with evidence or intimidate or influence or attempt to intimidate or influence the witnesses. C.T.RAVIKUMAR, JUDGE vns