IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 Bail Appl..No. 7519 of 2008() ----------------------------- CMP.5247/2008 of J.M.F.C.,NEDUMKANDOM CRIME NO.288/07 OF VANDANMEDU POLICE STATION PETITIONER(S): ACCUSED --------------------------- RAJEESH @ RATHEESH, S/O. RAVEENDRAN, KODIYAKKUNNEL VEEDU, ACHANKANAM BHAGAM, PUTTADI KARA, ANAKKARA VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.S.RAJEEV RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO. 288/2007 OF VANDENMEDU POLICE STATION) PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7519 of 2008 ----------------------------------------- Dated this the 18th December, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 395 of the Indian Penal Code. According to prosecution, de facto complainant was offered a “Nagamanikyam” for an amount of Rs.5 lakhs. Accordingly, he was taken by second accused to the house of first accused and from there he was taken to the house of another accused and when he reached there, instead of giving “Nagamanikyam”, all the accused together (total five accused) committed robbery of Rs.5 lakhs from de facto complainant. 3. Petitioner is 5th accused. Learned counsel for petitioner submitted that his name is not mentioned in the FIR. It was pointed out that though the incident is alleged to have taken place on 5.2.2007, de facto complainant filed a private complaint only after ten months on 3.12.2008. Petitioner was arrested on 22.11.2008 and he is in custody since then. BA.7519/08 2 4. Learned Public Prosecutor submitted that he has no objection in granting bail by imposing stringent conditions. 5. On hearing both sides, I am satisfied that bail can be granted to petitioner on stringent conditions. Hence, bail is granted to petitioner on the following terms and conditions: i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. ii) Petitioner shall report before the investigating officer on every alternate day between 10 AM and 1 PM until further orders. iii). Petitioner shall not leave the limits of the police station within which the crime is registered, except with the previous permission of the Magistrate Court concerned. iv) Petitioner shall not tamper with evidence or influence the witnesses or intimidate them or commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.