IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 Bail Appl..No. 727 of 2009() ---------------------------- CRIME NO.415/08 OF KARAMANA POLICE STATION PETITIONER ------------------------------ GIRISH KUMAR, S/O. GOPLAKRISHNAN, SANTHA BHAVAN ELANKAM PANAYIL, T.C.21/1890,NEDUMCAUD WARD MANACAUD VILLAGE,THIRUVANANTHAPURAM. BY ADV. SRI.GOPAKUMAR R.THALIYAL RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 727 of 2009 ----------------------------------------- Dated this the 20th February, 2009 O R D E R This petition is for bail. 2. The alleged offences are under Sections 365, 506(II), 342 and 395 of the Indian Penal Code. According to prosecution, accused 1 to 6 took de facto complainant by force into the car driven by 6th accused, who is petitioner herein and on the way, the articles were robbed from his possession. ATM card, Rs.1,000/-, mobile phone and gold ring were stolen. The offence was committed demanding Rs.25 lakhs. The incident occurred between 17.12.2008 and 18.12.2008. Petitioner is the 6th accused. He was arrested on 9.1.2009. 3. Learned counsel for petitioner submitted that petitioner's involvement is not mentioned in the FIR. He is only a driver by profession and he has only driven the car and no overt act is alleged against petitioner, it is submitted. 4. Learned Public Prosecutor submitted that he has no objection in granting bail to petitioner, but stringent condition may be imposed, since petitioner is involved in one more BA.727/09 2 crime. Petitioner's role in the crime is different from that of the other accused in the offence, it is submitted. 5. On hearing both sides, I am satisfied that bail can be granted to petitioner. Hence, bail is granted to petitioner on the following terms and conditions: i) Petitioner shall execute a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. ii) Petitioner shall report before the investigating officer on every Monday, Wednesday and Saturday between 10 AM and 1 PM until further orders. iii). Petitioner shall not enter the limits of the police station within which the crime is registered, except for compliance of condition in clause No.(ii) above. iv) Petitioner shall not tamper with evidence or influence the witnesses or intimidate them or commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.