IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930 Bail Appl..No. 7407 of 2008() ----------------------------- CP.28/2008 of J.M.F.C.-I, ALUVA IN CRIME NO.845/08 OF THRIKKAKKARA POLICE STATION .................... PETITIONER/ACCUSED -------------------------------------- AMRITHA BISWAS @ MIDHUN, AGED 19 S/O.ASHUTHOSH BISWAS,GUHASH SAKLAPURAM VILLAGE, KARIMPUR POLICE STATION, LIMIT, GAHESH BAZAR, PANCHAPURAM,PANCHAYATH, NADIYA DIST.,WEST BENGAL BY ADV. SRI.P.SHAIJAN JOSEPH RESPONDENT(S): COMPLAINANT -------------------------- C.I.OF POLICE, THRIKKAKKARA POLICE STATION REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.7407 of 2008 --------------------------------------------- Dated this the 12th December, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 307, 397 and 34 IPC. According to prosecution, petitioner (A1) along with another person attempted to cut the neck of the defacto complainant with a knife and they robbed Rs.20,000/- on 20.7.2008 at 9.20 p.m. 3. Learned counsel for petitioner submitted that petitioner is aged only 19 years and he is in custody for the past 141 days. He is not involved in any other crime. Though as per the allegations from the First Information Statement, three persons were involved, there are only two accused in the array of accused. Hence, petitioner may be granted bail, it is submitted. 4. Learned public prosecutor submitted that petitioner belongs to West Bengal and it is not likely that he will be available for trial, if he is released on bail. It is also submitted that charge is already laid. 5. On hearing both sides, considering the age of petitioner and the fact that he has no other criminal antecedents, BA No.7407/2008 2 I find that bail can be granted on stringent conditions. Hence, bail is granted to the petitioner on the following terms and conditions: (i) Petitioner shall execute a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate and in addition to the two sureties one of the parents of the petitioner shall also execute bond for the same amount whether he/she is solvent or not. (ii) Petitioner shall report before the Investigating Officer on every alternate day between 10 a.m. and 1 p.m. until further orders. (iii) Petitioner shall not leave the limits of police station within which crime is registered except with prior permission of the learned Magistrate. (iv) Petitioner shall not influence or intimidate any witness or tamper with evidence or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl