IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 Bail Appl..No. 1303 of 2010() ----------------------------- CRIME NO.988/2009 OF VARKALA POLICE STATION .................... PETITIONER : ACCUSED NO.2 ------------------------------ SAJITH, S/O.POONKUNJU THODIYIL VEEDU, MANTHARA, EDAVA, VARKALA. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.P.K.NIJOY SMT.NITA.N.S. SMT.NISHA G.THARAMAL RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1303 of 2010 --------------------------------------------- Dated this the 8th day of March, 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.988 of 2009 of Varkala Police Station. 2. The offence alleged against the petitioner is under Section 394 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 5.12.2009, the second accused wrongfully restrained the de facto complainant in front of Karthika Bar at Varkala and the first accused robbed the digital camera worth Rs.10,000/- belonging to the de facto complainant. It is also alleged that the accused persons caused hurt to the de facto complainant by hitting on his face, chest etc. The petitioner was arrested on 14.2.2010 and he was remanded to judicial custody. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 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 the present stage of BA No.1303/2010 2 investigation, 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 Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Varkala, 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, 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 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