IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 Bail Appl..No. 3884 of 2009() ----------------------------- CRIME NO.346/2008 OF PALA POLICE STATION .................... PETITIONER/3RD ACCUSED (IN CUSTODY) ------------------------------------------------------- KANEESH, S/O.KANAKAN, AGED 22 YEARS, KOMAROTH HOUSE, KUMBALAM P.O., KUMBALAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.K.P.MADHU RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REP. BY S.I. OF POLICE, PALA, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------- B.A.No.3884 of 2009 ----------------------------- Dated this the 16th day of July, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.346 of 2008 of Pala Police Station. 2. The offences alleged against the petitioner are under Sections 120B and 395 of the Indian Penal Code. 3. The prosecution case is that on 28.5.2008 at 8.40 p.m., the accused persons intercepted the motor cycle which was being driven by the defacto complainant, threw chilly powder on his face and forcibly took his bag. The bag contained 1½ kg. of mango fruits and not money as thought by the accused persons. The petitioner was arrested on 23.6.2009 and he is in judicial custody. 4. 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. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the BA No.3884/2009 2 satisfaction of the Judicial Magistrate of the First Class, Pala, 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, 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; 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