IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 Bail Appl..No. 6680 of 2009() -------------------------------------------- CRIME NO.178/2009 OF POZHIYOOR POLICE STATION, THIRUVANANTHAPURAM .................... PETITIONER/12TH ACCUSED: ------------------------------------------- VINOD KUMAR, AGED 35 YEARS, S/O.LAE ARUMUGHAM,NARAANA MANDIRAM, THALIYIL, KARAMANA, THIRUVANANTHAPURAM BY ADV. SRI.P.V.ANIL RESPONDENT/COMPLAINANT: ------------------------------------------------ THE STATION HOUSE OFFICER POZHIYOOR POLICE STATION, THIRUVANANTHAPURAM THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6680 of 2009 ------------------------------------ Dated this the 16th day of November, 2009 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.12 in Crime No.178/2009 of Pozhiyoor Police Station, Thiruvananthapuram. 2. The offences alleged against the petitioner are under Sections 120B, 395 and 412 of the Indian Penal Code and Sections 20 and 27 of the Arms Act. 3. The prosecution case is that on 31/8/2009, while the de facto complainant and his brother in law were coming on a motor bike after closing the jewellery shop of the de facto complainant, accused Nos. 1 to 4 attacked them with swords and other dangerous weapons and robbed 4 ½ kgs of gold ornaments. The allegations against the petitioner are that he received some of the stolen articles knowing fully well that they were stolen articles and helped accused No.5 for the sale of the gold ornaments. 4. Accused No.10 was granted bail as per the order dated 19/10/2009 in B.A. No.6033/2009. The 10th accused was a person who received the stolen articles. B.A. No. 6680/2009 2 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 investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. 6. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Nettattinkara 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 and Thursdays for a period of two months and thereafter on every Monday, 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. B.A. No. 6680/2009 3 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 scm