IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932 Bail Appl..No. 551 of 2010() ---------------------------- CRIME NO.266/2007 OF TOWN POLICE STATION, KOZHIKODE .................... PETITIONER/3RD ACCUSED ------------------------------------------ SURAJ,S/O.ALAVI,AGED 21 YEARS, RESIDING AT E/35,NGO QUARTERS,MARYKUNNU, CALICUT. BY ADV. SRI.M.RAMESH CHANDER RESPONDENT(S): STATE -------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.551 of 2010 --------------------------------------------- Dated this the 23rd 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.266 of 2007 of Town Police Station, Kozhikode. 2. The offence alleged against the petitioner is under Section 394 of the Indian Penal Code. 3. The prosecution case is that on 26.9.2007, at 8 P.M., while the de facto complainant was riding a scooter, he was intercepted by the accused persons, attacked him and robbed gold chain weighing 5½ sovereigns of gold. The petitioner was arrested on 26.12.2009 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in another case registered by Kottakkal police for the offence under Section 399 of the Indian Penal Code. 5. The learned counsel for the petitioner submitted that in the crime registered by Kottakkal police, the petitioner was granted bail. He also submitted that the other accused in the BA No.551/2010 2 present case were arrested and they were released on bail. 6. Taking into account the facts and circumstances of the case, the nature of the offence, the present stage of investigation and the fact that the petitioner is in judicial custody since 26.12.2009, 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, Kozhikode, subject to the following conditions: 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 surrender his passport before the Judicial Magistrate of the First Class-I, Kozhikode within a period of one week from today. If the petitioner does not hold an Indian passport, an affidavit sworn to by him to that effect shall be filed within one week before the learned Magistrate ; d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; BA No.551/2010 3 e) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; f) 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