IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 Bail Appl..No. 8016 of 2008() ----------------------------- CRIME NO. 878/08 OF MATHILAKAM POLICE STATION CP.125/2008 of J.M.F.C., KODUNGALLUR .................... PETITIONER/5TH ACCUSED: ------------------------------- SALIM, S/O. ABDULKHADER, BHAGAVATHITHADAM NIGATHIL, KADEBHAGAM, PALLURUTHY VILLAGE. BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENTS/COMPLAINANTS: ----------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSEUCOTR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, MATHILAKAM. BY PUBLIC PROSECUTOR SRI.M.S. BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 8016 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of January, 2009 O R D E R This petition is for bail. 2. The alleged offence is under Sections 399 IPC. According to prosecution, petitioner(A5) along with other accused were found in possession of sword and iron pipes having made preparation for decoit, all the accused were arrested from from the public road, on 22.11.08. 3. Learned Public Prosecutor submitted that he has no objection in granting bail to the petitioner, but stringent conditions may be imposed. 4. Learned counsel for the petitioner submitted that the petitioner is admitted in the Medical College hospital on 24.12.08 from the jail and he is suffering from cancer. He is still in the hospital. On hearing both sides, I am satisfied that bail can be granted to the petitioner on conditions. Hence, the following order is passed : Petitioner shall be released on bail on his BA No. 8016 /08 -:2:- executing bond for Rs.50,000/- with two solvent sureties each for like sum to the satisfaction of the Magistrate court concerned on the following conditions : (i) Petitioner shall report before the Investigating Officer as and when directed. (ii) Petitioner shall not 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 ttb