IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 Bail Appl..No. 7342 of 2008() ----------------------------- CRMP.3446/2008 of DISTRICT COURT, PALAKKAD .................... PETITIONER/4TH ACCUSED ------------------------------------------ SAJI, AGED 34 YEARS, S/O.KUNJAN, RESIDING AT MALAYIL THADIKATTU HOUSE, P.O.UPPADA, EDAKKARA, NILAMBUR, MALAPPURAM. BY ADV. SRI.A.T.ANILKUMAR SRI.P.DALBI EMMANUEL RESPONDENT/COMPLAINANT ------------------------------------------- THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REP. BY THE SUB INSPECTOR, VADAKKENCHERRY POLICE STATION, IN CRIME NO.321/2008. PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ~~~~~~~~~~~~~~~~~~~~~~~~ B. A. No. 7342 OF 2008 ~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 18th day of December, 2008 O R D E R Petition for bail. 2. The alleged offences are under Section 394 of Indian Penal Code and Section 5 r/w 27 (1) of the Arms Act. According to prosecution on 26.04.08 at about 8.45 P.M. first and second accused snatched gold chain weighing 10.45 sovereign from the defacto complainant while they were traveling in a maruthi car driven by A3. A country gun is used to commit offence and injury was also caused to the defacto complainant by shooting with country gun, which was supplied to them by the fourth accused. 3. Petitioner is fourth accused. He was arrested on 26.10.08 and he is in custody since then. Counsel for the petitioner submits that petitioner is having 60% permanent disability as evidenced by Annexure A2. Learned Public Prosecutor submitted that taking the stage of investigation, he has no objection in granting bail on stringent conditions. B.A. No. 7342/08 : 2 : On hearing both sides, I am satisfied that bail can be granted to the petition on conditions. Hence bail granted on following conditions: (i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. (ii) Petitioner shall report before the Investigating Officer on every alternate day between 10 a.m. and 1 p.m. until further orders. (iii) Petitioner shall not leave limits of the police station within which the crime is registered except with prior permission of the learned Magistrate. (iv) Petitioner shall not influence or intimidate any witnesses or tamper with evidence or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. (K. HEMA, JUDGE) KMD