IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 Bail Appl..No. 4112 of 2009 CRIME NO.330 OF 2009 OF THE GANDHINAGAR POLICE STATION CRMP.1438/2009 of DISTRICT COURT, KOTTAYAM PETITIONER:ACCUSED NO.1: ------------------------------ JAISON, S/O.JAMES, VALIYATHADATHIL HOUSE, PADINJATTUMBHAGAM KARA, ATHIRAMPUZHA VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.MATHEW JOHN (K) RESPONDENT: --------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4112 OF 2009 ------------------------------------------------------ Dated this the 27th July, 2009 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.1 in Crime No.330 of 2009 of the Gandhinagar Police Station, Kottayam. 2. The offence alleged against the petitioner is under Sections 394, 450 and 120B read with Section 34 of the Indian Penal Code. 3. The occurrence was on 13.6.2009. The petitioner was arrested on 17.6.2009 and he was remanded to judicial custody on 18.6.2009. 4. The prosecution case is that at the instance of the ICICI Bank, the petitioner and the other accused persons forcibly took away the vehicle in the possession of the de facto complainant under the pretext of re-possession of the vehicle in terms of the hire purchase agreement. 5. Taking into account the facts and circumstances of the B.A. NO. 4112 OF 2009 :: 2 :: case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, 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 Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Ettumanoor, 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/