IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 Bail Appl..No. 682 of 2010() -------------------------------------- CRIME NO.24/2010 OF THIRUVALLAM POLICE STATION. .......... PETITIONER/2ND ACCUSED: --------------------- SHIBU @ VIKKAN SHIBU, W/O.RAJAN, KANDATHINMEKKETHIL VEEDU, T.C.63/1510, UPS LINE, AMBALATHARA WARD, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM. BY ADV. MR.SUMAN CHAKRAVARTHY RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.T. SANKARAN, J. --------------------------- B.A. No. 682 of 2010 ------------------------------------ Dated this the 10th day of February, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.24/2010 of Thiruvallam Police Station. 2. The offences alleged against the petitioner are under Sections 387, 511 and 324 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 09.01.2010 at 7.P.M., the accused persons went to the Toddy Shop run by the de facto complainant and they consumed toddy. Thereafter, they threatened the de facto complainant, put him to fear of death and asked him to give Rs. 20,000/- on the next day. The accused persons threatened that if the de facto complainant failed to pay the amount, he would be attacked by using country bombs. 4. It is stated that the F.I.R. was registered on 10.01.2010 at 3 P.M. The petitioner was arrested on 11.01.2010 and he was remanded to judicial custody. B.A. No. 682 of 2010 2 5. The learned Public Prosecutor submitted that the first accused is a notorious criminal and he is involved in several criminal activities. The first accused was detained under the Kerala Anti Social Activities (prevention) Act on two occasions. It is also submitted that the second accused(petitioner) is involved in several criminal cases registered at Thiruvananthapuram. 6. The learned counsel for the petitioner submitted that in the year 2006, the petitioner sustained a road traffic accident and he lost one leg. No case was registered against him thereafter and he is not involved in any criminal activities. The investigating officer has not furnished to the learned Public Prosecutor the Crime numbers in which the second accused is involved. 7. 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 on stringent conditions. 8. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First B.A. No. 682 of 2010 3 Class-II, Neyyattinkara 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 and Thursdays, 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 enter into the limits of Thiruvallam Police Station for a period of two months, except for complying with conditions A and B. D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. F) 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 ln