IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 18TH JANUARY 2010 / 28TH POUSHA 1931 Bail Appl..No. 152 of 2010 CRIME NO.486 OF 2009 OF KULATHUPUZHA POLICE STATION, KOLLAM PETITIONER/3RD ACCUSED (IN CUSTODY) ------------------------------------------------------- MOHAMMED YOUNUS, S/O.ABDUL YASSIN, JILANI MANZIL, R.K.M.HALL (NEAR), KATTAKKADA, KULATHUMMAL VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.P.K.MUHAMMED RESPONDENTS: ---------------------- 1.STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KULATHUPUZHA, KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2.STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 152 OF 2020 ------------------------------------------------------ Dated this the 18th day of January, 2010 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.3 in Crime No.486 of 2009 of Kulathupuzha Police Station, Kollam District. 2. The offences alleged against the petitioner are under Sections 454 and 380 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 19.11.2009. The prosecution case is that accused Nos.1 and 2 snatched a gold chain from the de facto complainant and escaped on the motor bike of the petitioner. It is alleged that the petitioner was waiting for the other accused to commit the offence and thereafter to escape on the bike. The learned Public Prosecutor also pointed out that the bike which accused No.3 was using was a bike stolen by him. Another crime was registered against him for theft of the motor bike. The petitioner was arrested on 21.11.2009 and he is in judicial custody since then. 4. Taking into account the facts and circumstances of the B.A. NO. 152 OF 2010 :: 2 :: 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 on stringent conditions. 5. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – I, 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; 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 ahz/