IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 Bail Appl..No. 5845 of 2011() ------------------------------------------ (CRIME NO.404/2011 OF PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA DISTRICT) ....... PETITIONER/1ST ACCUSED: ------------------------------------------- AJIKUMAR, AGED 44 YEARS, S/O.GOPINATHAN, EDAMURIYIL VEEDU, PUNTHALATHUPADI, PATHANAMTHITTA P.O., KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADVS. SRI.V.SETHUNATH, SRI.PRAKASH KESAVAN. RESPONDENT(S): COMPLAINANT/STATE: -------------------------------------------------------------- 1. S.I. OF POLICE, PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA DISTRICT -686 845. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. V. MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T.SANKARAN, J. --------------------------------- B.A.No.5845 OF 2011 --------------------------------- Dated this the 26th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the 1st accused in Crime No.404 of 2011 of the Pathanamthitta Police Station. 2.The offences alleged against the petitioner are under Sections 451, 323 and 394 read with 34 of the Indian Penal Code. 3.The prosecution case is that on 3.6.2011 at 10.50 A.M, the accused persons trespassed into the business concern of the defacto complainant, attacked him and snatched his gold chain weighing 4 sovereigns, worth `75,000/-(Rupees Seventy five thousand only). B.A.No.5845 OF 2011 2 4.The petitioner was arrested on 1.7.2011. The learned Public Prosecutor submitted that accused No.2 was not arrested. Accused No.3 was arrested on 11.6.2011 and he was released on bail. 5.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 the present stage of investigation, I am of the view that bail can be granted to the petitioner. 6.The petitioner shall be released on bail on his executing bond for `25,000/- (Rupees Twenty Five thousand only) with two solvent sureties for the like amount to the satisfaction of the Chief Judicial Magistrate Court, Pathanamthitta, 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, 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; B.A.No.5845 OF 2011 3 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. 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 cms