IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931 Bail Appl..No. 6742 of 2009() -------------------------------------- CMP.9094/2009 of J.M.F.C.-II,NEYYATTINKARA CRIME NO.129/2009 OF THIRUVALLAM POLICE STATION. .................... PETITIONER/1ST ACCUSED(IN CUSTODY) ------------------------------------------------------ LIJITH, S/O.LATHIKUMAR, HOUSE NO.74, T.C.35/1792, ATTUVARAMBIL, CHAKKA KARALY, CHAKKA WARD, PETTA VILLAGE. BY ADV. SRI.M.RAJAGOPALAN NAIR SRI.G.BIJU RESPONDENT/COMPLAINANT: -------------------------------------- THE CIRCLE INSPECTOR OF POLICE, NEMOM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. P.A. SALIM, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6742 of 2009 ------------------------------------ Dated this the 18th day of November, 2009 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.1 in Crime No.129/2009 of Thiruvallam Police Station. 2. The offence alleged against the petitioner is under Section 394 of the Indian Penal Code. 3. The prosecution case is that on 10/4/2009, accused Nos.1 to 3, riding on a motor bike, came near the defacto complainant and snatched her gold chain having weight of 34 gms. The petitioner was arrested on 25/9/2009 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in three other cases, of which one case involves an offence under Section 380 of the Indian Penal Code. The nature of the offence in other cases is not reported to the learned Public Prosecutor. 5. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar B.A. No. 6742/ 2009 2 nature while on bail in the present case. This undertaking is recorded. It is submitted that the petitioner is aged 19 years. 6. Taking into account the facts and circumstances of the case and the fact that the petitioner is aged only 19 years and also taking into account the undertaking, I am of the view that bail can be granted to the petitioner. 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-II, Neyyattinkara 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 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. B.A. No. 6742/ 2009 3 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 scm