IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 Bail Appl..No. 7796 of 2011() ----------------------------- CRIME NO.1885/2011 OF KARUNAGAPPALLY POLICE STATION .................... PETITIONER (S): ACCUSED NO.6 ------------------------------------- FAROOK, S/O.ABDULLA KOUWAL HOUSE, NEAR KYTHAKKODE JUNCTION KYTHAKKODE DESOM, CHERUVATHOOR VILLAGE, KASARAGODE. BY ADV. SRI.C.K.SREEJITH RESPONDENT(S): COMPLAINANT --------------------------------- 1. THE S.H.O., KARUNAGAPPALLY POLICE STATION, KOLLAM REP BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATE OF KERALA REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.7796 of 2011 --------------------------- Dated this the 10th day of October, 2011 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.6 in Crime No.1885 of 2011 of Karunagappally Police Station. 2. The offence alleged against the petitioner is under Section 402 of the Indian Penal Code. 3. The prosecution case is that on 1.8.2011 at about 1 A.M., the accused persons were found in suspicious circumstances. On seeing the police, some of the accused escaped. The petitioner was arrested on 1.8.2011. The police seized a bag in which sword and iron rod were kept. 4. The learned Public Prosecutor submitted that accused No.1 is involved in several theft and decoity cases. He also submitted that finger print verification of the BA 7796/11 2 accused is in progress to verify whether they are involved in other offences. The learned Public Prosecutor also submitted that after completing the investigation, charge sheet was filed on 25.8.2011. 5. 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 that the charge was laid, I am of the view that bail can be granted to the petitioner. The petitioner shall be released on bail on his executing bond for ` 25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Karunagappally, subject to the following conditions: A) The petitioner shall surrender his passport before the Court of the Judicial Magistrate of the First Class, Karunagappally. If the passport was seized by the police or if the petitioner does not have a passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate; BA 7796/11 3 B) The petitioner shall report before the police officer, who laid the charge sheet, on all Mondays till the trial of the case is over or until further orders ; C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; D) The petitioner 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 csl