IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 Bail Appl..No. 827 of 2009() ---------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.360/2009 Dated 30/01/2009 CRIME NO.1558/08 OF KOTHAMANGALAM POLICE STATION PETITIONERS -------------------- 1. ABDUL SAMAD @ SAMAD, AGED 23 YEARS, S/O. KUNJUMUHAMMED, EDAYAPPURAM HOUSE, THURANGAM BHAGOM, KOTTAPADY VILLAGE, KOTTAPADYKARA, KOTHAMANGALAM TALUK. 2. KABEER, AGED 25 YEARS, S/O. UMMER, PALAMOODAN HOUSE, AMBALAPPADY BHAGAM, NOOLI KARA, ASAMANOOR VILLAGE, KUNNATHUNADU TALUK BY ADV. SRI.SIRAJ KAROLY RESPONDENT(S): --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 827 of 2009 ----------------------------------------- Dated this the 20th February, 2009 O R D E R This petition is for bail. 2. The alleged offences are under Sections 394 and 34 of the Indian Penal Code. According to prosecution, petitioners, along with another, were travelling in a vehicle and on seeing the de facto complainant, they stopped the vehicle and offered him a lift. He got into the vehicle and on the way, Rs.36,000/- and a mobile phone were robbed from him. This was on 18.11.2008. 3. Petitioners are accused 2 and 3. They surrendered before the investigating officer on 31.1.2009, immediately on the next day of dismissal of anticipatory bail application, B.A.No.360 of 2009, filed by second accused, in compliance of the direction issued by this Court. Petitioners are in custody for the past 21 days. First accused is already granted bail by this Court as per order dated 29.1.2009 in B.A.No.346 of 2009. BA.827/09 2 4. Learned Public Prosecutor submitted that he has no objection in granting bail to petitioner, but stringent condition may be imposed. 5. On hearing both sides, I am satisfied that bail can be granted to petitioner. Hence, bail is granted to petitioner on the following terms and conditions: i) Petitioner 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) Petitioner shall report before the investigating officer on every alternate day between 10 AM and 1 PM until further orders. iii). Petitioner shall not leave the limits of the police station within which the crime is registered, except with prior permission of the learned Magistrate. iv) Petitioner 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.