IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 13TH SEPTEMBER 2011 / 22ND BHADRA 1933 Bail Appl..No. 7384 of 2011() ----------------------------- (CRMP.2166/2011 of J.M.F.C. - I, PARAVUR CRIME NO.319/2011 OF MUNAMBAM POLICE STATION) .................... PETITIONER/ACCUSED -------------------------------------- ARULDAS @ ARUL, S/O.PURUSHAN, AGED 33 YEARS, MANAYATHU VEEDU, MANAYATHUKADU BHAGAM, CHERAI KARA, PALLIPPURAM VILLAGE. BY ADV. SRI.S.RAJEEV & K K DHEERENDRA KRISHNAN RESPONDENT: STATE ----------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO. 319/2011 OF MUNAMBAM POLICE STATION, ERNAKULAM DISTRICT). PUBLIC PROSECUTOR JAIBY PAUL THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7384 of 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of September, 2011 ORDER This is a petition filed under Section 439 of the Code of Criminal Procedure seeking bail. 2. Petitioner is the fourth accused in Crime No. 319/2011 of Munambam Police Station for having committed the offences punishable under Sections 395 and 342 of the Indian Penal Code. The allegation is that on 8.4.2011 at about 2 p.m. the accused with an intention to commit dacoity enticed the defacto complainant and took him to a house and deprived him of cash and mobile phone. Petitioner says that he is totally innocent and has been falsely implicated in the crime. Petitioner was taken into custody on 12.7.2011 and since then he was on remand. He pointed out that a good portion of the investigation is over and his continued custody is not necessary. He therefore seeks bail. B.A.7384/2011. 2 3. Learned Public Prosecutor opposed the petition on the ground that the investigation is yet to be completed and if the petitioner is released on bail, it is possible that he will try to tamper with the evidence or influence the witnesses. 4. The fact remains that the petitioner has been taken into custody on 12.7.2011 and major portion of the investigation is over by now. Learned Public Prosecutor was unable to say as to why the custody of the petitioner should continue. As regards the apprehension expressed by the learned Public Prosecutor, stringent conditions can be imposed while granting bail. In the result, this application is allowed on the following conditions: 1) Petitioner shall be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties each for the like sum to the satisfaction of JFCM-I, N. Paravur. B.A.7384/2011. 3 2) Petitioner shall report before the investigating officer on every Friday between 10 a.m. and 12 a.m. till final report is filed. 3) Petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses. P. BHAVADASAN, JUDGE sb.