IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 Bail Appl..No. 7483 of 2009() ----------------------------------------- (CRIME NO.202/2009 OF THALASSERY POLICE STATION) PETITIONER(S): ACCUSED NO.1: --------------------------------------------------- SMANESH @ JOJU, S/O. MOHANAN, AGED 30 YEARS, KUNHIPANAN HOUSE, AZHIKODE, NEERKADAVU. BY ADVS. MR.P.S.SREEDHARAN PILLAI, SMT. C.G.PREETHA. RESPONDENT(S): COMPLAINANT & STATE: ----------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. V. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. --------------------------- B.A. No. 7483 of 2009 ------------------------------------ Dated this the 21st day of December, 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.202/2009 of Thalassery Police Station. 2. The offences alleged against the petitioner are under Sections 362, 368 and 395 of the Indian Penal Code. 3. The prosecution case is the following: The de facto complainant belongs to Ollur. He was engaged in supplying finished gold ornaments to various jewellery shops in and around Kannur. On 08.05.2009, at about 9.30 P.M., while he was walking along the road at Kannur, the accused persons came in a Maruti Alto car, forcibly dragged the de facto complainant into the car and drove away. They robbed gold ornaments worth Rs. 2,50,000/-, currency of Rs. 9,000/- and a mobile phone from the de facto complainant. Later, he was abandoned at another place. The petitioner was arrested on 13.08.2009 and he was remanded to judicial custody. 4. As per the order dated 2/11/2009 in B.A. No. 7483 /2009 2 B.A.No.6214/2009, bail was granted to accused No.4. 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. 6. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Thalassery 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. 7483 /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