IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 23RD AUGUST 2011 / 1ST BHADRA 1933 Bail Appl..No. 6659 of 2011 CMP.1447/2011 of J.M.F.C.-II,PALAKKAD CRIME NO.569/CR/2010 CBCID, PALAKKAD PETITIONER/13TH ACCUSED: -------------------------------------------- SATHEESH KUMAR @ SATHEESH, S/O.SIVARAMAN, AGED 38 YEARS, ELLUVILA VEEDU, VELLALLOOR P.O., KILIMANOOR, THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6659 OF 2011 ------------------------------------------------------ Dated this the 23rd day of August, 2011 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.13 in Crime No.569/CR/2010 CBCID, Palakkad. 2. The offences alleged against the petitioner are under Sections 120B, 170, 364, 395 and 412 of the Indian Penal Code. 3. The prosecution case is the following : On 11.11.2008, while the de facto complainant was travelling in Chennai- Thiruvananthapuram Super Fast train, at about 4 A.M., when the train reached at Palakkad, two persons in the police uniform entered into the train and asked the de facto complainant to come out. The de facto complainant was taken to a vehicle which was apparently a police vehicle. Two other persons were also waiting in police uniform near the vehicle. The allegation is that the accused persons robbed 3 kgs. of gold bars and other valuables kept in the bag belonging to the de facto complainant. The total worth of the article BAIL APPL. NO.6659 OF 2011 :: 2 :: comes to `30,02,500/-. The prosecution case is that the accused persons were not police personnel and the vehicle did not belong to the police station. 4. It is submitted that the local police arrested accused Nos.1 to 7 and 10. Final report was laid on 30.5.2009. It would appear that the investigation was taken over by the CBCID on a Writ Petition filed by the owner of the gold alleging that the investigation was not proper and all the accused were not implicated. After the CBCID took over the investigation, on 28.6.2011, the petitioner was arrested from the Air Port, Thiruvananthapuram. 5. B.A.No.5597 of 2011 filed by the petitioner was dismissed by the order dated 15.7.2011. 6. The learned counsel for the petitioner submitted that accused No.8 was arrested on 7.7.2011 and he was released on bail on 20.7.2011 by the Court of the Judicial Magistrate of the First Class III, Palakkad. 7. Since accused No.8 was released on bail by the learned BAIL APPL. NO.6659 OF 2011 :: 3 :: Magistrate, I am of the view that bail can be granted to the petitioner in this Bail Application also. 8. The petitioner shall be released on bail on his executing bond for Rupees Fifty thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class III, Palakkad, subject to the following conditions: a) The petitioner shall surrender his Passport before the Court of the Judicial Magistrate of the First Class III, Palakkad. If the petitioner does not have a Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; d) 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 ahz/