IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 Bail Appl..No. 8051 of 2008() ----------------------------- CRMP.7126/2008 of J.M.F.C.,KUNNAMKULAM CRIME NO. 1180/2008 OF KUNNAMKULAM POLICE STATION PETITIONERS/ACCUSED NO.2 & 3 ------------------------------------------------ 1. BINCY,S/O JOY, VALIYIL HOUSE, KULANADA, PANDALAM. 2. JOSHI, S/O JAMES, PONMATTIL ADIMURIYIL HOUSE, PRAKKANAM P.O., PATHANAMTHITTA. BY ADV. SRI.BIJI MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, KUNNAMKULAM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 8051 of 2008 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 9th day of January,2009 O R D E R Petition for bail. 2. The alleged offences are under sections 399 read with section 34 IPC. According to prosecution, petitioners (2 and 3) along with 1st accused were found in possession of dangerous weapons like iron rods, swords, plastic ropes, chilli powder etc. in a Maruthi car in the course of preparation of commit decoity on 31-10-2008 at 11.30 p.m. 3. Learned counsel for petitioners submitted that 3rd accused is a student of 12th Standard and he hails from Pathanamthitta District but crime was registered in Thrissur District and hence, he may be permitted to continue his studies. 4. Petitioners were arrested on 1-11-2008. Learned Public Prosecutor submitted that he has no objection in granting bail but stringent conditions may be imposed. 5. On hearing both sides, bail can be granted to petitioners on conditions. 6. Hence, petitioners shall be released on bail on their executing a bond for Rs.50,000/- each with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate, on the following conditions:- BA8051 /08 -2- 1) Petitioners shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. 2) Petitioners shall not intimidate or influence any witness 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.