IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 Bail Appl..No. 6731 of 2008() ----------------------------- CMP.5591/2008 of J.M.F.C.,KASARAGOD (CRIME NO.276/2008 OF MANJESHWAR POLICE STATION) PETITIONERS/ACCUSED: -------------------------------------- 1. A2 NOUFAL @ ASHRAF AGED 22/08, S/O.B.M.IBRAHIM, ZAKEER MANZIL, KUTHUKKODY,UPPALA GRAMAM, KASARAGOD. 2. A3 MUHAMMED ASHRAF AGED 32/08,S/O.ABDULLA, PACHILAMPARA, UPPALA GRAMAM, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REP BY INSPECTOR OF POLICE, KANJESHWAR POLICE STATION, REP BY THE PUBLIC PROSECUTOR, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl.No. 6731 of 2008 --------------------------------------------------- Dated this the 13th day of November, 2008. ORDER Petition for bail. 2. The alleged offences are under Sections 143, 147, 148, 452, 395, 450 read with Section 149 of IPC. Petitioners 1 and 2 are accused nos.2 and 3 respectively in the case. According to prosecution, petitioners (A2 and A3) along with 8 others formed into an unlawful assembly and armed with weapons committed house trespass into the house of de facto complainant and committed robbery of gold ornaments worth 60 sovereigns and Rs.25,000/-, which were kept in an almerah. 3. The incident occurred on 5.10.2008 and 3rd accused was arrested on 8.10.2008. Thereafter, 2nd accused surrendered on 13.10.2008. Learned counsel for petitioners submitted that 2nd accused developed some physical problems from jail and he was admitted in the hospital on 5.11.2008. He is even in the hospital and hence, on medical grounds, bail may be granted to him, it is submitted. Third accused has been in custody for a long period and therefore he may also be granted bail, it is submitted. [B.A.6731/08] 2 4. This petition is opposed. Learned Public Prosecutor submitted that investigation is going on and all the accused are not arrested. If the petitioners are granted bail, it will adversely affect investigation. However, considering the physical state of 2nd accused, he has no objection in granting bail but stringent conditions may be imposed. 5. On hearing both sides, considering the stage of investigation and the nature of allegations made, I find that it may not be proper to grant bail at this stage. However, considering the physical state of 2nd accused, he can be granted bail on stringent conditions. Hence, the following order is passed: 1) Second accused shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate court concerned on the following conditions: i) He shall report before the investigating officer, after he is discharged from the hospital, on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. (If 2nd accused requires exemption from appearance due to physical state he may file a petition in advance before the Magistrate court [B.A.6731/08] 3 concerned and get permission of the learned Magistrate). ii) He shall not leave the limits of the police station within which crime is registered except with the prior permission of learned Magistrate after his discharge from the hospital. iii) He 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. 2) The prayer for bail by 3rd accused is rejected. Petition is partly allowed. K. HEMA, JUDGE. Krs.