IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 29TH JULY 2011 / 7TH SRAVANA 1933 Bail Appl..No. 6035 of 2011() ----------------------------- CRIME NO.755/2010 OF NADAKKAVU POLICE STATION PETITIONERS/ACCUSED : ----------------------------- 1. SUNIL @ CHANKU SUNIL S/O. SHAKIR, FLOWER HOUSE, VENGOTTU, KEZHTHONIKKAL VILLAGE, THIRUVANANTHAPURAM. 2. MUHAMMED NISAMUDHEEN @ NISSAM, S/O. MUHAMMED, PUDUKKUDY HOUSE, PARAMMAL, PUTHOOR, KOTTAKKAL, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): STATE -------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, NADAKKAVU POLICE STATION-THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.6035 of 2011 --------------------------- Dated this the 29th day of July, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.755 of 2010 of Nadakkavu Police Station, Kozhikode. 2. The offence alleged against the petitioners is under Section 379 of the Indian Penal Code. 3. The prosecution case is that on 2.12.2010, the accused snatched a gold chain from the de facto complainant weighing 4 sovereigns. Formal arrest of the petitioners was recorded on 5.1.2011. 4. The learned Public Prosecutor submitted that after completing the investigation, charge sheet was filed on 17.1.2011. BA 6035/2011 2 5. 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 that the charge was laid, I am of the view that bail can be granted to the petitioners. 6. The petitioners shall be released on bail on their executing bond for ` 50,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-IV, Kozhikode, subject to the following conditions: A) The petitioners shall report before the S.H.O., Nadakkavu Police Station on every Monday between 9 A.M. and 11 A.M. until the trial of the case is over or until further orders; B) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; C) The petitioners 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