IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 Bail Appl..No. 6792 of 2008() ----------------------------- CRIME NO.217/08 OF VETTILAPPARA POLICE STATION .................... APPLICANT : 3RD ACCUSED ---------------------------------------- SUKUMARAN, S/O.KRISHNANKUTTY EZHUTHACHAN, CHILANKILIYATH HOUSE, P.O.KUTTUR, ATTORE, THRISSUR TALUK. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENT(S): COMPLAINANT --------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE CHERPU POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.AMJAD ALI THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.6792 of 2008 --------------------------------------------- Dated this the 10th November, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 399 IPC. According to prosecution, petitioner was arrested from a room in a resort and from the room, iron pipe, cycle chain, chilly powder etc. were seized. The room was occupied by 5 others also. But, at the time of search, petitioner alone was present. According to prosecution, petitioner along with 5 other accused had made preparation of committing riot and decoity. 3. Petitioner was arrested on 20.9.2008 and he is in custody for the past 50 days. Learned public prosecutor submitted that the other accused could not be arrested so far and hence, his release may affect the investigation adversely. 4. Learned counsel for petitioner submitted that all the names of accused are available to the police and failure of the police to arrest accused cannot be made a ground to detain petitioner any further. He has co-operated with the investigation and given the names of all the persons, who were present in the room. According to petitioner, he is innocent of the allegations made. He only took part in a party arranged by some of the BA No.6792/2008 2 persons who left the room leaving the petitioner alone and he continued to reside there. Learned counsel for petitioner also submitted that petitioner has no criminal antecedents. In the above circumstances, I find that bail can be granted to the petitioner on the following terms and conditions: (i) Petitioner shall execute a bond for Rs.25,000/- 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 alternate day between 10 a.m. and 1 p.m. until further orders. (iii) Petitioner shall not leave the limits of police station within which crime is registered except with prior permission of learned Magistrate. (iv) Petitioner shall not influence or intimidate any witness or tamper with evidence or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl