IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 Bail Appl..No. 8704 of 2011() ----------------------------- CRIME NO.1735/11 OF KALAMASSERY POLICE STATION PETITIONER/ACCUSED --------------------------- SULFIKKAR @ KEERI, AGED 25/11, S/O.KHALID, RESIDING AT THE HOUSE OF ETTUKKALIMOOLA KAREEM, PAYYAPPILLY JUNCTION, CUSAT, THRIKKAKARA VILLAGE. BY ADV. SRI.C.D.JOHNY RESPONDENT(S): COMPLAINANT -------------------------- S.I. OF POLICE, KALAMASSERY POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSEFCUTOR SRI.R.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8704 of 2011 --------------------------- Dated this the 10th day of November, 2011 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.1735 of 2011 of Kalamassery Police Station. 2. The offences alleged against the petitioner are under Sections 458 and 394 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 6.9.2011 at 2 A.M., after knocking the door, the accused persons entered into the house of the de facto complainant, threw chilly powder on the face of the de facto complainant, placed a knife on his neck and robbed a gold ring and gold chain worth ` 46,000/-. The petitioner was arrested on 7.9.2011. 4. The learned counsel for the petitioner submitted that BA 8704/11 2 accused No.2 was arrested and the recovery of the stolen articles were made. The investigation is practically over, submits the counsel. 5. 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 the present stage of investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. The petitioner shall be released on bail on his executing bond for ` 25,000/- with two solvent sureties for the like amount to the satisfaction of the court having jurisdiction, 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 for a period of two months and thereafter on all Mondays, 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; BA 8704/11 3 C) The petitioner shall surrender his passport before the court concerned. If the passport was seized by the police or if the petitioner does not have a passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate; 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 csl