IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 Bail Appl..No. 7483 of 2008() ----------------------------- CMP.6622/2008 of J.M.F.C.,TIRUR CRIME NO. 585/2008 OF VALANCHERRY POLICE STATION PETITIONERS/ ACCUSED NOS.1 & 2: -------------------------------------- 1. SAIDALAVI, S/O.ABOOBACKER, KORWUTHARAYIL HOUSE, EDAYOOR, MAMALANKUNNU P.O. PUNNAYOOR VILLAGE, CHAVAKKAD, TRICHUR DISTRICT, CHAVAKKAD POLICE, STATION LIMIT. 2. NOUSHAD, S/O.MOIDUTTY, KOLAYIL HOUSE, EDAYOOR, MANNALANKUNNU P.O., PUNNAYOOR VILLAGE, CHAVAKKAD, TRICHUR DISTRICT, CHAVAKKAD POLICE STATION LIMIT. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT(S): COMPLAINANT : ---------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE SI OF POLICE, VALANCHERRY. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No.7483 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of December,2008 O R D E R Petition for bail. 2. The alleged offence is under section 395 IPC. According to prosecution, 1st accused pointed out de facto complainant to 2nd accused who, thereafter, pointed him to accused 3 to 5. Those people arranged accused nos. 6 to 9 to robbery and by snatching away Rs.26 lakhs which is hawala money. 3. Petitioners are accused nos.1 and 3. They were arrested on 25-10-2008. Learned counsel for petitioners submitted that even as per the prosecution case, petitioners' role is only in pointing out de facto complainant to others who are actually involved in the commission of offence. 4. Learned Public Prosecutor submitted that he has no objection in granting bail but stringent conditions may be imposed. 5. Hence, petitioners shall be released on bail on their executing a bond for Rs.25,000/- each with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate, on the following conditions:- 1) Petitioners shall report before the BA 7483/08 -2- Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. 2) Petitioners shall not leave the limits of the police station within which the crime is registered except with the prior permission of the learned Magistrate. 3) Petitioners shall not intimidate or influence any witness or tamper with evidence or commit any offence while on bail and in case breach of this condition, bail is liable to be cancelled. This petition is allowed. K.HEMA, JUDGE. mn.