IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 Bail Appl..No. 5767 of 2011 CRMP.4568/2011 OF J.M.F.C., CHALAKUDY CRIME NO.1386 OF 2010 OF CHALAKUDY POLICE STATION, THRISSUR PETITIONER/PETITIONER/5TH ACCUSED ----------------------------------------------------- NIYAS @ KUNJUKUTTY, S/O. ISMALE, AGED 33 YEARS, PUTHUPARAMBIL HOUSE, MANIYAMKULAM, CHEMBANPADAM. BY ADV. SRI.P.A.MUJEEB RESPONDENT: RESPONDENT/COMPLAINANT ------------------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5767 OF 2011 A ------------------------------------------------------ Dated this the 22nd day of July, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.5 in Crime No.1386 of 2010 of Chalakudy Police Station, Thrissur District. 2. The offence alleged against the accused is under Section 399 of the Indian Penal Code. 3. The prosecution case is that on 4.11.2010 at 1.30 P.M. the accused persons were found making preparation for committing dacoity. Some of the accused were arrested on the spot, while others ran away. The petitioner was arrested in connection with another case and his formal arrest was recorded in the present case on 29.12.2010. 4. It is submitted that after completing the investigation charge sheet was filed. It is submitted that now the case has been committed to the Sessions Court. BAIL APPL. NO.5767 OF 2011 :: 2 :: 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and that the charge was laid, I am of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on his executing bond for Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Sessions Judge, Thrissur, subject to the following conditions: a) The petitioner shall appear before the Circle Inspector of Police, Chalakudy on all Saturdays, till the trial of the case is over. b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. d) 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/