IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 Bail Appl..No. 1771 of 2010() ---------------------------------- CRMP.589/2010 of D.C. & SESSIONS COURT,KOLLAM CRIME NO. 154/2010 0F ERAVIPURAM POLICE STATION .................... PETITIONER/4TH ACCUSED : --------------------------------- MANOJ @ DENNIS, S/O.KANNAN, HOUSE NO.26, QSS COLONY, KALEEKKAL KADAPPURAM PURAMBKODE, PALLITHOTTAM CHERIYIL, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT/COMPLAINANT/STATE : -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, ERAVIPURAM POLICE STATION, KOLLAM THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. ------------------------ B.A. No. 1771 of 2010 ------------------------------------ Dated this the 24th day of March, 2010 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.4 in Crime No. 154/2010 of Eravipuram Police Station, Kollam District. 2. The offence alleged against the petitioner is under Section 402 of the Indian Penal Code. 3. The prosecution case is that on 07.02.2010 at mid night, the accused persons were found assembled for the purpose of committing decoity. On seeing the police, three of them ran away. Accused Nos. 1 and 2 were arrested from the spot. The petitioner was arrested on 04.03.2010 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that accused No.1 has criminal antecedents. It is also submitted by the learned Public Prosecutor that the petitioner was found indulged in certain anti-social activities on 04.03.2010 at a beach and he was arrested from that place. B.A. No. 1771 of 2010 2 5. 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. 6. 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-II, Kollam 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 for two months and thereafter on Mondays, 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 on bail. B.A. No. 1771 of 2010 3 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