IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 Bail Appl..No. 6855 of 2009() ----------------------------- CRIME NO.254/2009 OF KUTHUPARAMBA POLICE STATION PETITIONER/1ST ACCUSED: ------------------------------------------- M.P.SUJITH, S/O.RAGHAVAN, 29 YEARS, COOLIE, RESIDING AT KARIYIL HOUSE, P.O.NIRMALAGIRI, KUTHUPARAMBA, KANNUR DISTRICT. BY ADV. SRI.M.RAJMOHAN SRI.ANEESH JOSEPH RESPONDENT(S): STATE: --------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA KOCHI-31. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6855 of 2009 --------------------------------------------- Dated this the 23rd day of November, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.254 of 2009 of Kuthuparamba Police Station. 2. The offence alleged against the petitioner is under Section 394 of the Indian Penal Code. 3. The prosecution case is that on 13.8.2009, the accused persons, two in number, came on a motor bike and attempted to loot jewellery items from a jewellery which was scheduled to be inaugurated on 14.8.2009. In that process, the security guard of the jewellery was attacked with a sword and he sustained injuries. The accused persons escaped from scene. 4. The petitioner was arrested on 17.9.2009 and he was remanded to judicial custody. 5. The petitioner moved an application for bail before this Court which was dismissed on 23rd October, 2009. He again filed Bail Application No.6418 of 2009. That application was also BA No.6855/2009 2 dismissed by the order dated 5.11.2009. 6. The second accused is not arrested so far. The investigation is not completed and the final report is not filed. The learned counsel for the petitioner submits that the petitioner is prepared to abide by any condition that may be imposed by the Court. 7. 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-I, Kuthuparamba, 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; BA No.6855/2009 3 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