IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 Bail Appl..No. 3200 of 2009 CRIME NO.186 OF 2009 OF KOTTAKKAL POLICE STATION PETITIONER/ACCUSED NO.15: -------------------------------------- LATHEESH, S/O.MOHANAN PILAKKAL HOUSE, POKUNNU, NEAR GURUVAYOORAPPAN COLLEGE, KOZHIKKODE. BY ADV. SRI.BABU S. NAIR RESPONDENT: STATE: --------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE KOTTAKKAL POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, KOCHI-31. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3200 OF 2009 B ------------------------------------------------------ Dated this the 15th June, 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.15 in Crime No.186 of 2009 of Kottakkal Police Station. 2. The offence alleged against the petitioner is under Section 399 of the Indian Penal Code. 3. The prosecution case is that on 5.5.2009 at 3 A.M., the petitioner and the other accused were found in three vehicles near a restaurant at Kottakkal, after having made preparation to commit the offence of decoity. Weapons like sword, iron rod, mask, coir pieces, cloth pieces etc. were recovered from the vehicles. 4. The learned public prosecutor submitted that one Kannan who was making constant contact with the third accused over mobile phone could not be arrested till now. The petitioner was interrogated by the police on getting custody as per the order of the court. 5. Taking into account the facts and circumstances of the B.A. NO.3200 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. 7. The petitioner shall be released on bail on his executing bond for Rs.1,00,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class- Malappuram, 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/