IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 Bail Appl..No. 6006 of 2011() ----------------------------- CRIME NO.1221/2010 OF PALA POLICE STATION .................... PETITIONER/4TH ACCUSED ------------------------------------------ JOBY @ JIM JOBY S/O.JOSEPH, THARAKKUNNEL VEEDU, MOONNAM BHAGOM, KIZHATHADIYOOR, LALAM. BY ADV. SRI.G.SUDHEER RESPONDENT(S): STATE -------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.6006 of 2011 --------------------------- Dated this the 28th 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.4 in Crime No.1221 of 2010 of Pala Police Station. 2. The offences alleged against the petitioner are under Sections 120B, 436 and 212 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that during the night of 10.11.2010, the accused persons set fire to the house of the de facto complainant and thereby caused a loss of ` 2 lakhs. It is alleged that accused No.1 was on enmical terms with his brother, the de facto complainant. Accused No.1 engaged accused No.3 to set fire to the house of the de facto complainant. Accused No.3 engaged accused Nos.4 and 5. BA 6006/2011 2 4. The learned Public Prosecutor submitted that the petitioner is a member of a quotation gang of Ayi Saji, a notorious criminal. Final report was filed in the case on 28.4.2011. 5. The learned counsel for the petitioner submitted that all other accused, who were arrested, were granted bail. 6. 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 and also taking into account the fact that the other accused were granted bail, I am inclined to grant bail to the petitioner on stringent conditions. 7. The petitioner shall be released on bail on his executing bond for ` 25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Pala, subject to the following conditions: A) The petitioner shall not enter the limits of Pala Police Station till the trial of the case is over, except with the permission of the Judicial Magistrate of the First Class, Pala; BA 6006/2011 3 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 csl