IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 Bail Appl..No. 7829 of 2009() ------------------------------------------ (CRIME NO.731/2009 OF KANNUR TOWN POLICE STATION,KANNUR) PETITIONERS/ACCUSED NOS.5 & 6: ------------------------------------------------------------- 1. HAREESH T., S/O.PHALGUNAN, RATHIKA QUARTERS, NEAR DINESH BEEDI, CHALAD. 2. KALESH K.P., S/O.RAGHAVAN, KUNHIPPANAN HOUSE, AZHIKODE AMSOM, AZHIKODE DESOM, KANNUR. BY ADV. MR.M.RAMESH CHANDER RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. --------------------------- B.A. No. 7829 of 2009 ------------------------------------ Dated this the 6th day of January, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.5 and 6 in Crime No.731/2009 of Kannur Town Police Station, Kannur. 2. The offence alleged against the petitioners is under Section 395 of the Indian Penal Code. 3. On 5/10/2009, the first accused was found by the police party in a suspicious circumstance. He was taken into custody. He disclosed that two non-bailable warrants were pending against him. He also confessed that he along with the other accused in the present case had committed decoity of Rs.2,00,000/- from a person who was travelling in a car and that the amount was Hawala amount. On the basis of the statement, the petitioners were arrested on 7/12/2009 and they were remanded to judicial custody. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the B.A. No. 7829 /2009 2 petitioners on stringent conditions. 5. The petitioners shall be released on bail on their executing a bond for Rs. 25,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kannur 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 and Thursdays, 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 scm