IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 Bail Appl..No. 6018 of 2009 CRIME NO.1338 OF 2009 OF KOCHI CUSBA POLICE STATION PETITIONER/IST ACCUSED ------------------------------------------ SANTHOSH, AGED 24 YEARS, S/O.SOUMITHRAN, THEKKEKUDIYIL HOUSE, KUMBALANGHI P.O., KOCHI-7. BY ADV. SRI.T.A.GEORGE JOSEPH RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOCHI CUSBA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6018 OF 2009 ------------------------------------------------------ Dated this the 19th day of October, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.1338 of 2009 of Kochi Cusba Police Station. 2. The offence alleged against the petitioner is under Section 394 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 27.9.2009. The petitioner was arrested on 28.9.2009. The prosecution case is that the de facto complainant came in a KSRTC bus and hired an autorickshaw from Kumbalangi to Thoppumpady. The first accused arranged the autorickshaw. He also travelled in the autorickshaw. It is alleged that the accused robbed a sum of Rs.5,000/- and a mobile phone from the de facto complainant. The petitioner was arrested on 28.9.2009 and he was remanded to judicial custody. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, B.A. NO. 6018 OF 2009 :: 2 :: 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. 5. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – II, Kochi, 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, 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; 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 ahz/