IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 23RD SEPTEMBER 2011 / 1ST ASWINA 1933 Bail Appl..No. 7710 of 2011() ----------------------------- CRIME NO.266 OF 2011 OF MUKKOM POLICE STATION, KOZHIKODE PETITIONERS/ACCUSED 1 to 6: ------------------------------------ 1. ANURAG.K.M., S/O.DAYANANDAN, AGED 20 YEARS, STUDENT, KAILAS MANDIRAM, CHALAKKARA, NEW MAHE P.O., THALASSERY, KANNUR DISTRICT. 2. NIKHIL.T.K., S/O.PREMAN, AGED 24 YEARS, STUDENT, THATTARATH KUNIYIL HOUSE, PALLUR, MAHE, PONDICHERRY STATE. 3. ABHILASH.P.K., S/O.ASOKAN, AGED 24 YEARS, STUDENT, MEETHALE KELOTH HOUSE, CHALAKKARA P.O., PALLUR VILLAGE, PONIDCHERRY STATE. 4. ASHISH.M., S/O.RAMAKRISHNAN, AGED 23 YEARS, STUDENT, MOTTAMMEL HOUSE, KODIYERI VILLAGE, THALASSERY, KANNUR DITRICT. 5. ANANDAN.K.M., S/O.SASTHYANATHAN, AGED 20 YEARS, STUDENT, KAILASAMANDIRAM, P.O.CHALAKKARA, NEW MAHE. 6. NIJESH.T.K., S/O.PREMAN, AGED 20 YEARS, STUDENT, THATTARATH KUNIYIL HOUSE, PALLUR VILLAGE, PONDICHERRY STATE. BY ADV. SRI.R.SURENDRAN RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.7710 of 2011 --------------------------- Dated this the 23rd day of September, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 6 in Crime No.266 of 2011 of Mukkom Police Station, Kozhikode District. The learned Public Prosecutor submitted that accused No.5 is not Anandan, son of Sathyanathan, but Arun, son of Sathyanathan. 2. The offence alleged against the petitioners is under Section 395 of the Indian Penal Code. 3. The prosecution case is that on 19.7.2011, while the de facto complainant was riding on his motor bike, the petitioners followed him in a Tata Sumo vehicle, blocked the de facto complainant, attacked him and robbed a sum of ` 6.5 lakhs from him. BA 7710/2011 2 4. The petitioners were arrested on 24.7.2011 and they are in judicial custody since then. 5. 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 petitioners. The petitioners shall be released on bail on their executing bond for ` 25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Thamarassery, 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 for a period of two months and thereafter on Mondays, 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; BA 7710/2011 3 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 csl