IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 Bail Appl..No. 440 of 2009(B) ----------------------------------- CRIME NO.452/2008 OF PAZHAYANNUR POLICE STATION PETITIONER/ACCUSED NO.1 : ------------------------------------ NISHIL, S/O. RAMACHANDRAN, PAYYAPATTIL HOUSE,KOOTTUPATHA, OTTAPALAM, PALAKKAD DIST. BY ADV. SRI.MANSOOR.B.H. RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------- B.A. No.440 OF 2009 -------------------------------- Dated this the 6th day of February, 2009 O R D E R This petition is for bail. 2. The alleged offences are under Sections 341, 323, 324, 506(ii) and 394 of I.P.C. According to prosecution, accused nos.1 to 6 wrongfully restrained the defacto complainant and assaulted using weapons from a shop and forcibly took away Rs.83,000/- from the drawer of a table. The incident happened on 11.11.2008. 3. Petitioner is the first accused and he was arrested on 27.11.2008. He is in custody for the past 71 days. Learned Public Prosecutor submitted that petitioner is involved in many other similar cases and hence, stringent conditions may be imposed. But, he has no objection in granting bail to petitioner. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. Hence, the following order is passed : Petitioner shall be released on bail on his B.A.No.440 of 2009 2 executing bond for Rs.50,000/- with two solvent sureties each for like sum to the satisfaction of the Magistrate court concerned on the following conditions : (i) Petitioner shall report before Investigating Officer on every alternate day between 10 a.m. and 1 p.m. until further orders. (ii) Petitioner shall not leave the limits of the police station within which crime is registered except with previous permission of the learned Magistrate. (iii) Petitioner shall not influence or intimidate any witness or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE pac