IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 Bail Appl..No. 2663 of 2010() -------------------------------------- CRIME NO.597/2009 OF MEDICAL COLLEGE POLICE STATION, KOZHIKODE. .................... PETITIONER/ACCUSED 2 ---------------------------------------- SHAMEER ALI, S/O.HASSAN, AGED 29, MANAKKANCHERY, KALIKUNNU. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI .V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.HEMA, J. ------------------ B.A. No. 2663 of 2010 ------------------------------------ Dated this the 27th day of May, 2010 O R D E R Petition for bail. 2. The alleged offence is under Section 392 read with Section 34 of the Indian Penal Code. According to prosecution, on 29.07.2009, accused nos. 1 and 2 snatched away gold chain of the de facto complainant while they were travelling in a motor cycle. 3. Learned counsel for petitioner submitted that petitioner was taken into custody on 06.10.2009, about 6 months back, in connection with crime No. 437/2009 of Nallalam Police Station and he was granted bail in the said case. Before he could be released, he was falsely implicated in 8 other crimes of similar nature and his formal arrest was recorded on 23.11.2009. Petitioner is aged 24 years. Only because he was arrested in one of the cases liability in all the other cases was fastened on him. Petitioner is prepared to abide by any condition and he will not get involved in any other case, it is submitted. B.A. No. 2663 of 2010 2 4. Learned Public Prosecutor submitted that petitioner is involved in 9 cases of similar nature. Charge is laid in this case. 5. On hearing both sides, I find that petitioner is in custody for the past more than 6 months, he is aged only 24 years. Considering various facts and circumstances, particularly his age, I think he must be given an opportunity to refine, if he is actually guilty of the allegations and bail can be granted on conditions. Hence the following order is passed: Petitioner shall be released on bail on his executing a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: i) Petitioner shall appear before the Investigating Officer on every day, between 10 A.M. and 1 P.M., until further orders. ii) Petitioner shall not use any motor bike until further orders. B.A. No. 2663 of 2010 3 iii) Petitioner shall not influence or intimidate any witnesses or tamper with the evidence. iv) In case, petitioner is involved in any similar offence, bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE ln