IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 Bail Appl..No. 5025 of 2009() ------------------------------------ CMP.3304/2009 of J.M.F.C., KUNNAMANGALAM CRIME NO. 161/OF MAVOOR POLICE STATION .................... PETITIONERS: ---------------------- 1. UPPUDARI, W/O. ARAMUGHAM, AGED 40 YEARS, NEAR THIRUPOOR BUS STAND. 2. NADIYA, D/O. ARUMUGHAM, AGED 20 YEARS, NEAR THIRUPOOR BUS STAND. BY ADV. SRI.K.SHIBILI NAHA RESPONDENT(S): ----------------------- SUB INSPECTOR OF POLICE, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5025 of 2009 ------------------------------------ Dated this the 7th day of September, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are the accused persons in Crime No. 161/2009 of Mavoor Police Station. 2. The offence alleged against the petitioners is under Section 392 of the Indian Penal Code. 3. The date of occurrence was on 29.07.2009. The petitioners were arrested on the same day and they are in judicial custody. 4. The prosecution case is that while the defacto complainant was waiting in the queue in front of the Primary Health Centre, the accused persons snatched away the gold ornament worn by the child of the defacto complainant. 5. It is submitted by the learned Public Prosecutor that the police, on investigation, found that the address given by the petitioners is not correct and that the petitioners do not have a permanent abode at Thirupoor as stated by them. The charge B.A. No. 5025 of 2009 2 was laid in the case on 24.08.2009. 6. The learned counsel for the petitioners submitted that the petitioners are engaged in the sale of flowers and that they are prepared to offer security of local sureties. It is submitted that the petitioners are not involved in any other offence. 7. 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 the fact that charge was laid, I am of the view that bail can be granted to the petitioners. 8. The 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 Judicial Magistrate of the First Class, Kunnamangalam subject to the following conditions:- A) The petitioners shall report before the Station House Officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, 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 B.A. No. 5025 of 2009 3 on bail. D) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The sureties shall be persons who belong to and who own immovable properties in Kozhikode district. The sureties shall produce the title deeds in respect of the properties shown as owned by them for verification by the learned Magistrate. The Bail Application is allowed as above. K.T. SANKARAN, JUDGE ln