IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 Bail Appl..No. 5859 of 2009() ----------------------------- CRIME NO.190/2009 OF KELAKAM POLICE STATION PETITIONERS/ACCUSED NO.1,2 & 4 -------------------------------------------------- 1. NIDHIN, S/O. DAMODARAN, AGED 20 YEARS, THAIKANDYPARMBATH, SANKARANELLUR P.O., THALASSERY TALUK. 2. SAJITH, S/O. SURENDRAN, AGED 19 YEARS, PRASANNALAYAM, SANKARANELLUR, THALASSERY TALUK. 3. SUJITH, S/O. VIJAYAN, AGED 23 YEARS, MENAYIL HOUSE, PATHIRIYAD P.O., THALASSERY TALUK. BY ADV. SRI.M.RAJMOHAN SRI.ANEESH JOSEPH RESPONDENT(S): STATE -------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5859 of 2009 --------------------------------------------- Dated this the 13th day of October, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1, 2 and 4 in Crime No.190 of 2009 of Kelakam Police Station. 2. The offence alleged against the petitioner is under Section 395 of the Indian Penal Code. 3. The prosecution case is that on 23.9.2009, the accused persons, 5 in number, came in an autorickshaw, trespassed into the compound of the defacto complainant and snatched her gold chain. She made a hue and cry. The local people came to the scene of occurrence and caught hold of the accused persons. The petitioners were arrested on 23.9.2009 itself and they were remanded to judicial custody. 4. It is submitted by the learned counsel for the petitioners that the petitioners are not involved in any other offence of a similar nature. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the BA No.5859/2009 2 petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners. The petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Koothuparamba, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders; b) The petitioners shall appear before the investigating officer for interrogation as and when required; c) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; 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 csl