IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 Bail Appl..No. 6110 of 2009() ------------------------------------- CRIME NO.793/2009 OF PUNALUR POLICE STATION, KOLLAM PETITIONER/2ND ACCUSED: ------------------------------------------ SHARIEF, AGED 32, S/O.SIKANDAR RAWTHER, ATTARIKATHU PUTHEN VEEDU, H.S.WARD, VALAKKOD VILLEGE, KOLLAM DISTRICT. BY ADV. SRI.R.ARUN RAJ RESPONDENT/COMPLAINANT: ----------------------------------------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, PUNALUR POLICE STATION, (CRIME NO.793 OF 2009), REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI.M.S.BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6110 of 2009 ------------------------------------ Dated this the 23rd day of October, 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.2 in Crime No.793/2009 of Punalur Police Station. 2. The offence alleged against the petitioner is under Section 394 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 30/8/2009, the accused persons snatched a purse containing a sum of Rs.4,800/- from the defacto complainant. The petitioner was arrested on 31/8/2009. 4. The petitioner filed B.A. No.5696/2009 before this Court. That application was dismissed by the order dated 6/10/2009. 5. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar nature, if he is granted bail in the present case. This undertaking is recorded. The undertaking is made in the light of the criminal B.A. No. 6110/2009 2 antecedents of the petitioner mentioned in the order dated 6/10/2009. 6. 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 also the undertaking, I am of the view that bail can be granted to the petitioner. 7. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-III, Punalur 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 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. B.A. No. 6110/2009 3 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 scm