IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 Bail Appl..No. 1493 of 2010(F) --------------------------------------- CMP.1121/2010 of J.M.F.C.,KASARAGOD CRIME NO.74/2010 OF BADIADKA POLICE STATION, KASARAGOD. .................... PETITIONER/2ND ACCUSED: ------------------------------------------ P.A.HARIS @ APPU, S/O.ABDUL RAHIMAN, AGED 24 YEARS, PULIKKOOR, KUDLU VILLAGE, KASARGOD TALUK, KASARGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT/ STATE: ------------------------------------ THE STATION HOUSE OFFICER, BADIADKA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/04/2010 ALONG WITH B.A. NO.1723/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. Nos.1493 & 1723 of 2010 ------------------------------------ Dated this the 7th day of April, 2010 O R D E R These are applications for bail under Section 439 of the Code of Criminal Procedure. B.A.No.1723/2010 is filed by accused No.2, while B.A. No.1493/2010 is filed by accused No.3. 2. The offence alleged against the petitioners is under Section 395 of the Indian Penal Code. 3. The date of occurrence was on 2/3/2010 at 11.30 A.M.. The de facto complainant, driver of a JCB, was proceeding on a motor bike as directed by his employer. The allegation is that the de facto complainant was intercepted by the accused, five in number, who came on three motor bikes. The accused persons forcibly took the mobile phones of the de facto complainant, removed the Sim Cards and returned the mobile phones to the de facto complainant himself. It is also alleged that Rs.800/- was forcibly taken from the pocket of the de facto complainant. Accused Nos.2 and 3 were arrested on 2/3/2010. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of B.A. Nos.1493 & 1723 of 2010 2 investigation, I am of the view that bail can be granted to the petitioners. 5. The petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kasaragod subject to the following conditions:- A) The petitioners shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders. B) The petitioners shall appear before the Investigating Officer for interrogation as and when required. C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioners 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. Bail Applications are allowed as above. K.T. SANKARAN, JUDGE scm