IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 Bail Appl..No. 4588 of 2009 CRIME NO.852 OF 2009 OF KOLLAM EAST POLICE STATION CRMP.2185/2009 of I ADDL. DISTRICT COURT, KOLLAM PETITIONERS/ACCUSED 1,2 ------------------------------------------- 1. RENJITH S/O.LEKSHMANAN, NATIONAL NAGAR-50, VAYALILTHOPPIL VEEDU, OPPOSITE TO MARKET, POLAYATHODU,KOLLAM. 2. RANA S/O.SHARAFUDEEN, NATIONAL NAGAR-123, VAYALILTHOPPIL VEEDU, OPP.MARKET, POLAYATHODU, KOLLAM,. BY ADV. SRI.A.RAJASIMHAN RESPONDENT: COMPLAINANT -------------------------- S.I.OF POLICE, KOLLAM EAST POLICE STATION, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.P.RAVEENDRA BABU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4588 OF 2009 ------------------------------------------------------ Dated this the 17th August, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.852 of 2009 of Kollam East Police Station. 2. The offence alleged against the petitioners is under Section 402 of the Indian Penal Code. 3. The prosecution case is that on 24.7.2009 during midnight, the petitioners and the other accused were found assembled for the purpose of committing dacoity. Accused Nos.1 and 2 were arrested on the spot. A sword was seized from the possession of the first accused. The other accused persons were not arrested. 4. It is submitted by the learned counsel for the petitioners that the father of the second accused had filed a petition before the Secretary of Kollam Corporation pointing out the unhygienic method in B.A. NO. 4588 OF 2009 :: 2 :: which one Farookkiya Thangal is conducting a fast food shop near the place of incident. Accused No.2 is also residing nearby. It is stated that on account of enmity, a case was foisted against the petitioners by giving false information to the police. 5. The petitioners are in judicial custody since 25.7.2009. The investigation is progressing. Bail Applications filed by the petitioners were rejected by the learned Magistrate as well as the learned Sessions Judge. 6. On a consideration of the facts and circumstances of the case and the materials on record, I am of the view that bail can be granted to the petitioners on stringent conditions. 7. The petitioners shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – II, Kollam, 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, Wednesdays and Saturdays, till the final report is filed or until further orders; B.A. NO. 4588 OF 2009 :: 3 :: 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. The Bail Application is allowed as above. (K.T.SANKARAN) Judge ahz/