IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932 Bail Appl..No. 1741 of 2010() ---------------------------------- CRIME NO. 100/2010 0F PAYY0LI POLICE STATION .................... PETITIONER/ACCUSED : --------------------------- ABU @ ABDURAHIMAN, AGED 33 YEARS, S/O.MOIDEEN, PUTHIYEDUTH HOUSE, MUTHUKAD, PILLA PERUMANNA, MUTHUKAD (P.O), KOYILANDY TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.P.ABDUL JALEEL RESPONDENT/COMPLAINANT AND STATE : -------------------------------------------------- STATE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. ------------------------ B.A. No. 1741 of 2010 ------------------------------------ Dated this the 25th 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.2 in Crime No. 100/2010 of Payyoli Police Station, Kozhikode District. 2. The offence alleged against the petitioner is under Section 393 of the Indian Penal Code. 3. The prosecution case is that on 05.02.2010 at 3.30 P.M., the accused persons came on a bike and attempted to snatch the gold chain of a lady pedestrian. The petitioner was arrested on 17.02.2010 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in Crime No.118/2010 of Payyoli Police Station registered for the offence under Section 392 of the Indian Penal Code. That Crime was transferred to Malappuram Police station. 5. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar nature while on bail in the present case. This undertaking is recorded. B.A. No. 1741 of 2010 2 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and also the undertaking, I am of the view that bail can be granted to the petitioner on stringent conditions. 7. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Payyoli 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 Court of the Judicial Magistrate of the First Class, Payyoli within one week from the date of release on bail. If the petitioner does not hold an Indian Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate within one week. B.A. No. 1741 of 2010 3 D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. 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 ln