IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 Bail Appl..No. 6653 of 2009() ----------------------------- CRIME NO.1013/2009 OF KUNDARA POLICE STATION, KOLLAM .................... PETITIONER/3RD ACCUSED ------------------------------------------ JERIN, AGED 21 YEARS, S/O.JOY, VADAKKATHIL VEEDU, NEAR GURUDEVA AUDITORIUM, PERAYAM CHERRY, MULAVANA VILLAGE, (ORIGINALLY FROM KALEELUVILA VEEDU, KUMBALAM). BY ADV. SRI.SUNNY ZACHARIA RESPONDENT(S): COMPLAINANTS --------------------------- 1. SUB INSPECTOR OF POLICE, KUNDARA POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6653 of 2009 --------------------------------------------- Dated this the 13th day of November, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.1013 of 2009 of Kundara Police Station, Kollam District. 2. The offences alleged against the petitioner are under Sections 395 and 412 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 30.9.2009. The allegation is that the accused persons snatched a carry bag from the de facto complainant in which 66 gms. of gold ornaments, Rs.2,500/- and 7 cheque leaves were available. It is also alleged that the accused persons shared the booty. The petitioner was arrested on 15.10.2009. 4. The learned counsel for the petitioner pointed out that accused Nos.2, 4 and 5 were released on bail. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the BA No.6653/2009 2 petitioner, the nature of the offence and the present stage of investigation and also taking note of the fact that accused Nos.2, 4 and 5 were released on bail, I am of the view that bail can be granted to the petitioner. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kollam, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday and Thursday for a period of two months and thereafter, on every Monday, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) 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