IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 22ND JANUARY 2010 / 2ND MAGHA 1931 Bail Appl..No. 264 of 2010() ---------------------------- CRIME NO.6/2010 OF NEMOM POLICE STATION, THIRUVANANTHAPURAM PETITIONER/ACCUSED NO.1 ------------------------------------------- SHIJI @ PAPPU, AGED 28 YEARS, S/O.RAMACHANDRAN, PUTHUVAL VEEDU, NEAR MELAMKODU GURU MANDIRAM, UPANIYOOR DESOM, NEMOM VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.C.C.THOMAS, SENIOR ADVOCATE RESPONDENT(S): COMPLAINANT -------------------------- STATE OF EKRALA,REPRESENTED BY SUB INSEPCTOR OF POLICE, NEMOM POLICE STATION, THIRUVANANTHAPURAM DISTRICT REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/01/2010, ALONG WITH B.A.NO.444/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.Nos.264 & 444 of 2010 --------------------------------------------- Dated this the 22nd day of January, 2010 ORDER Bail Application No.264 of 2010 is filed by accused No.1 while Bail Application No.444 of 2010 is filed by accused Nos.2 and 3 in Crime No.6 of 2010 of Nemom Police Station. These applications are filed under Section 439 of the Code of Criminal Procedure. 2. The offences alleged against the petitioners are under Sections 354 and 394 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 3.1.2010, while the de facto complainant was standing on the side of the road, accused Nos.1 to 3 came on a motor bike and snatched a mobile phone and a purse containing Rs.3,800/- from the de facto complainant. The first accused was arrested on 4.1.2010 while accused Nos.2 and 3 were arrested on 6.1.2010. They are in judicial custody since the date of arrest. 4. It is submitted by the learned counsel for the BA Nos.264 & 444/2010 2 petitioners that the petitioners and the de facto complainant are known to each other and that there is a dispute regarding pathway between them. 5. The learned Public Prosecutor submitted that the petitioners have no criminal antecedents. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners. The petitioners shall be released on bail on their executing bond for Rs.15,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Neyyattinkara, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, till the final report is filed or until further orders; b) The petitioners shall appear before the investigating officer for interrogation as and when required; c) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; BA Nos.264 & 444/2010 3 e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Applications are allowed as above. K.T.SANKARAN, JUDGE csl