IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 Bail Appl..No. 596 of 2009(F) ----------------------------------- CRMP.441/2009 of J.M.F.C., KUNNAMKULAM CRIME NO.1180/2008 OF THE KUNNAMKULAM POLICE STATION .................... PETITIONER/ ACCUSED NO.5 : ------------------------------------ PANAN BIJU @ BIJU MATHEW,S/O.MATHAYI, CHENGANNUR VILAYIL HOUSE, KAIPPUZHA, KULANADA. BY ADV. SRI.SUNNY MATHEW RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA THROUGH THE S.I.OF POLICE,KUNNAMKULAM POLICE STATION,REP; BY THE P.PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------- B.A. No.596 OF 2009 -------------------------------- Dated this the 16th day of February, 2009 O R D E R This petition is for bail. 2. The alleged offence is under Sections 399 and 34 of I.P.C. According to prosecution, on 31.10.2008, petitioner along with 5 others were found in possession of deadly weapons like iron rods, swords, plastic ropes, chilly powder etc. in a Maruti car in their preparation to commit dacoity. Petitioner is the fifth accused. 3. Petitioner was arrested on 14.11.2008 under the Kerala Anti-Social Activities (Prevention) Act, 2007 (for short “the KAP Act”) and he was arrested in this case on 24.01.2009. The proceedings against petitioner under the KAP Act were withdrawn and hence, the writ petition filed by petitioner was dismissed as infructuous. Therefore, petitioner may be granted bail, it is submitted. 4. Learned Public Prosecutor submitted that in the light of the withdrawal of the proceedings under the KAP Act, he has no objection in granting bail to petitioner but, stringent conditions may be imposed. B.A.No.596 of 2009 2 On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. Hence, the following order is passed : Petitioner shall be released on bail on his 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 Investigating Officer on every alternate day between 10 a.m. and 1 p.m. until further orders. (ii) Petitioner shall not leave the limits of the police station within which crime is registered except with prior permission of the learned Magistrate. (iii) Petitioner shall not influence or intimidate any witness 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