IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 Bail Appl..No. 6225 of 2009() ------------------------------------- CRMP.2659/2009 of D.C. & SESSIONS COURT,KOLLAM CRIME NO. 279/2009 OF ANCHAL POLICE STATION, KOLLAM .................... PETITIONER: -------------------- ANSER HACK, S/O.ABDUL HACK, AGED 20 YEARS, SUNEERA MANZIL, MARUTHINKARMA, AZHIKODE WARD, KARAKULAM VILLAGE, THIRUVANANTHAPURAM. BY ADVS. SRI.R.SURAJ KUMAR & SRI.N.AJITH RESPONDENT: -------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, AT ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6225 of 2009 ------------------------------------ Dated this the 29th day of October, 2009 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.2 in Crime No.279/2009 of Anchal Police Station. 2. The offences alleged against the petitioner are under Sections 120 B, 457, 395, 397 and 109 of the Indian Penal Code. 3. The prosecution case is that on 08.06.2009, at midnight, the accused persons, seven in number, committed lurking house trespass into the house of the defacto complainant and committed theft of 15.5 sovereigns of gold, Rs. 14,000/-, two Mobile Phones and two Wrist Watches. The petitioner was arrested in connection with Crime No.104/2009 of Thumba Police Station where the offence alleged against him was under Section 395 of the Indian Penal Code. His formal arrest was recorded in the present case on 17.08.2009. The learned counsel for the petitioner submitted that the petitioner was granted bail in Crime No. 104/2009. 4. The learned Public Prosecutor submitted that the investigation is in progress and that all the accused persons were B.A. No. 6225 of 2009 2 not arrested. The third accused was granted bail, submitted the counsel for the petitioner. 4. 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. 5. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each 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 B.A. No. 6225 of 2009 3 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 ln