IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931 Bail Appl..No. 7424 of 2009() ----------------------------- CRIME NO.933/2009 OF KADAKKAL POLICE STATION, KOLLAM .................... PETITIONER(S): 2ND ACCUSED ------------------------------- BIJU, S/O. BHUVANACHANDRAN, PADINAJATTATHIL VEEDU, KOCHALUMOODU, CHITHARA MURI, MANKODU VILLAGE. BY ADV. SRI. K.SIJU SRI.A.MUHAMMED RAFFI RESPONDENT(S): STATE -------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KADAKKAL POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7424 of 2009 --------------------------------------------- Dated this the 17th day of December, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.933 of 2009 of Kadakkal Police Station, Kollam District. 2. The offence alleged against the petitioner is under Section 395 of the Indian Penal Code. 3. The gist of the prosecution case is the following: The de facto complainant is the president of Vannoor Grama Panchayath in Tamil Nadu. Accused No.1 and the de facto complainant were known to each other. The de facto complainant came to Kerala along with accused No.1 as suggested by accused No.1 for the purpose of purchasing immovable property. He came to Kerala in a Bolero car. It is alleged that accused No.1 had taken the car and while travelling in the car, forcibly ousted the driver of the car and took away the car with the help of the other accused including the petitioner. The car was found in an abandoned state on the next day, namely, BA No.7424/2009 2 24.11.2009. An amount of Rs.1 lakh which was kept in the car was taken away by the accused persons. The petitioner was arrested on 26.11.2009 and he was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that there were money transactions between the de facto complainant and the first accused and that the case was foisted at the instance of the de facto complainant. 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 on stringent conditions. 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-II, Kottarakara, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday and Thursday, 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; BA No.7424/2009 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 csl