IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 Bail Appl..No. 4650 of 2008(C) ----------------------------- (CRIME NO.76/2008 OF MARAYOOR POLICE STATION) APPLICANTS/ACCUSED NOS. 11 &12: ----------------------------- 1. SHAJAHAN @ SAJI,S/O. MUHAMMED AKKADAVIL VEETTIL, PERUMATTOM KARA, V.S. MILLUMPADY BHAGOM, VELLORKUNNAM VILLAGE MUVATTUPUZHA TALUK. 2. ASHRAF, S/O. MAHROOF, RESIDING AT THE HOUSE OF BAKKAR, ASSARIKUDIYIL HOUSE, KAVUMKARA, VELLURKUNNAM VILLAGE, MUVATTUPUZHA. BY ADV. SRI.P.VIJAYA BHANU SRI. M. REVIKRISHNAN RESPONDENT/COMPLAINANT: ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, REPRESENTING THE C.I.OF MARAYOOR POLICE STATION. BY SRI. M.S.BREEZ, PUBLIC PROSECUTOR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.4650 OF 2008 ------------------------------ Dated this the 31st day of July, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 457, 395 and 414 of IPC. According to the prosecution, on 19.05.2008 accused nos.1 to 9 trespassed into the residential building of one Soman and restrained two persons and committed robbery of cash Rs.76,150/-, two mobile phones and a wrist watch worth Rs.9,000/- from the house. They cut and removed a sandalwood tree worth Rs.2,00,000/- standing in the property of the defacto complainant and transported the same in a jeep driven by the 10th accused. The article was given to accused nos.11 and 12 who tried to sell the same. The petitioners are accused nos.11 and 12 in the crime and they are in custody from 08.06.2008 onwards. 3. Learned Public Prosecutor submitted that taking into consideration the stage of investigation and nature of involvement of the petitioners in this case, he has no objection in granting bail on conditions. Hence petitioners are granted bail on the following terms and B.A.4650/2008 2 conditions: (i) The petitioners shall execute bond for Rs.50,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate court concerned. (ii) The petitioners shall report before the Investigating Officer on every alternate day between 10 a.m. and 1 p.m. until further orders. (iii) The petitioners shall not leave the limits of the police station within which the crime is registered except with the previous permission of the learned Magistrate. (iv) The petitioners 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 pac