IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 Bail Appl..No. 8007 of 2011() ----------------------------- CP.95/2011 of J.M.F.C.,KATTAKADA CRIME NO.779/2011 OF KATTAKADA POLICE STATION .................... PETITIONERS/ACCUSED : ----------------------- 1. VISHNU @ VICHU, S/O.VISWAMBARAN, ALUVILA PUTHEN VEEDU, VENNIYOTTUKONAM, OLIPPUNADA, PALLICHAL DESOM, PALLICHAL VILLAGE. 2. SANTHAKUMAR @ SANKAR, S/O.GOPAKUMARAN NAIR, SREEKANDAVILASAM, NADUKKADU, NARUVAMOODU, PALLICHAL DESOM, PALLICHAL VILLAGE. BY ADV. SRI.SUMAN CHAKRAVARTHY SRI.MARTINDAS V.JAMES (VATTAKKUZHIYIL) RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8007 of 2011 ---------------------------------------------- Dated this the 04th day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.4 and 5 in Crime No.779 of 2011 of Kattakkada Police Station. 2. The offence alleged against the petitioners is under Section 395 of the Indian Penal Code. 3. The prosecution case is that on 27/07/2011 at 10.30 P.M., while the de facto complainant was coming home on a bike after closing his bakery, the accused persons came in a car intercepted the de facto complainant and robbed him of his gold chain weighing 5 sovereign of gold and bracelet weighing 1.5 sovereigns of gold and cash of Rs.5,000/-. It is alleged that the car was hired on rent by accused Nos.4 and 5 for commission of the offences. The gold ornaments were pledged by accused Nos.4 and 5 and they were recovered. After completing the investigation, final report was filed in the case. Bail Appln.No.8007/2011 : 2 : 4. It is submitted that accused Nos.4 and 5 are not involved in any other offence. 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 that the charge was laid, I am of the view that bail can be granted to the petitioners. 6. The petitioners shall be released on bail on their executing bond for `50,000/- (Rupees Fifty thousand only) each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kattakkada, subject to the following conditions:- A) The petitioners shall appear before the Inspector of Police, Kattakkada on all Mondays, till the trial of the case is over or until further orders. B) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. Bail Appln.No.8007/2011 : 3 : 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 skj True copy P.A. to Judge