IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 Bail Appl..No. 5386 of 2008() ----------------------------- CMP.3323/2008 of J.M.F.C.-I,KOTTARAKKARA CRIME NO.751/08 OF KOTTARAKARA POLICE STATION PETITIONERS : ACCUSED NO. 1 AND 2: ------------------------------------- 1. APPUKUTTAN, S/O.KUTTY, KUNAMPALAVILAYIL, THUVAYOOR VADAKKU MURI, ERATHU VILLAGE, ADOOR TALUK, PATHANAMTHITTA. 2. BABY, S/O.SHEKARAN, KUNAMPALAVILAYIL, THUVAYOOR VADAKKU MURI, ERATHU VILLAGE, ADOOR TALUK, PATHANAMTHITTA. BY ADV. SRI.AJITH MURALI RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 5386 of 2008 ----------------------------------------- Dated this the 29th August, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 328 and 392 read with 34 of Indian Penal Code. According to prosecution, in July, 2007, the first petitioner (first accused) induced the victim and took him to a liquor shop. He was made to consume liquor and also was given pineapple cream biscuit which contained sedative. On the victim falling unconscious, his gold chain and ring were stolen by the petitioners from the victim. 3. Petitioners, who are accused 1 and 2, were arrested on 19.7.2008 and they are in custody since then. Learned Public Prosecutor submitted that the recovery of the stolen article is effected. The petitioners are involved in other similar crimes and hence, stringent conditions may be imposed while granting bail. He has no objection in granting bail to the petitioners on stringent conditions. 4. Hence, bail is granted to the petitioners on the following terms and conditions: BA.5386/08 2 i) Petitioners shall execute a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. ii) Petitioners shall report before the investigating officer on every alternate day between 10 AM and 1 PM until further orders. iii). Petitioners shall not leave the limits of the police station within which the crime is registered, except with the previous permission of the Magistrate Court concerned. iv) Petitioners shall not tamper with evidence or influence the witnesses or intimidate them or commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.