IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 Bail Appl..No. 1610 of 2010() ----------------------------- CRIME NO.210/2008 OF ERATTUPETTA POLICE STATION .................... PETITIONER (S): ACCUSED NO.3 -------------------------------------------- LAISON, S/O.GEORGE, ARACKAL HOUSE, THOPPUMPADI SOUDI BHAGOM, ERNAKULAM DISTRICT. BY ADV. SRI.S.RAJEEV RESPONDENT(S): STATE: --------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.210 OF 2008 OF ERATTUPETTA POLICE STATION). PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1610 of 2010 --------------------------------------------- Dated this the 11th day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.210 of 2008 of Erattupetta Police Station. 2. The offences alleged against the petitioner are under Sections 395, 365, 368 and 411 of the Indian Penal Code. 3. The prosecution case is that on 28.5.2008, the accused persons committed decoity. A Scorpio car belonging to the Bishop's House, Pala was being taken by the driver of the vehicle for the purpose of taking a passenger to the airport. While the vehicle was parked near the road, waiting for the passenger, the accused persons came there, overpowered the driver and took the vehicle. After driving the vehicle for some distance, the driver was pulled out of the vehicle and he was tied to a tree. The accused persons left the place taking the vehicle. A mobile phone belonging to the driver of the vehicle was also taken by the accused. Later, accused No.4 was arrested after tracking the mobile phone. On the basis of the information given BA No.1610/2010 2 by accused No.4, the other accused persons were also arrested. The petitioner was arrested on 23.1.2010 and he was remanded to judicial custody. 4. Accused No.7 is the person who allegedly purchased the Scorpio car knowing full well that it was a stolen vehicle. It is alleged that the vehicle worth Rs.6.5 lakhs was purchased by accused No.7 for a sum of Rs.65,000/-. 5. The learned counsel for the petitioner submitted that all the accused persons except the petitioner and accused No.7 were released on bail. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the present stage of investigation and also taking note of the fact that the other accused persons except A7 were released on bail, I am inclined to grant bail to the petitioner on stringent conditions. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Erattupetta, subject to the following conditions: BA No.1610/2010 3 a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, 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