IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 Bail Appl..No. 5629 of 2009() ----------------------------- CRIME NO.1147/2009 OF NJARAKKAL POLICE STATION .................... PETITIONER (S): ACCUSED NO.1 -------------------- PRAVEEN, S/O.JOHN, AGED 19 YEARS, PUTHENCHAKKALACKAL HOUSE, CHURCH ROAD, NJARAKKAL VYPEEN. BY ADV. SRI.K.R.VINOD RESPONDENT(S): --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5629 of 2009 --------------------------------------------- Dated this the 13th day of October, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.1147 of 2009 of Njarakkal Police Station. 2. The offence alleged against the petitioner is under Section 392 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 28.7.2009, while the defacto complainant was walking along the road side, she was approached by accused Nos.1 and 2 and they snatched away her gold chain. The petitioner was arrested on 28.7.2009 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that charge was laid in the case. It is also pointed out by the learned counsel for the petitioner that accused No.2 was released on bail as per the order passed by the learned Magistrate. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the BA No.5629/2009 2 petitioner, the nature of the offence and also the fact that charge was laid in the case, 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, Kochi, subject to the following conditions: a) The petitioner shall report before the Station House Officer, Njarakkal Police Station between 9 A.M. and 11 A.M. on all Mondays until further orders; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; d) 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