IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 Bail Appl..No. 7552 of 2009 CRIME NO.178 OF 2009 OF POZHIYOOR POLICE STATION, THIRUVANANTHAPURAM. PETITIONERS: ACCUSED 1 & 6 --------------------------------- 1. SURESH, S/O. CHARLIS, CHALIYATHERUVILE PUTHEN VEEDU, CHIRAKKONAM, PARASSALA DESOM, PARASSALA VILLAGE. 2. SURENDRAN @ SURAN, S/O. NELSON, AGED 37, KUZHAKKOTTUKONAM VATTAMTHALAKKAL VEEDU, PARASUVAIKKAL DESOM, DO VILLAGE. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENTS: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/01/2010, ALONGWITH B.A.NO.7595 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NOS.7552 & 7595 OF 2009 ------------------------------------------------------ Dated this the 4th day of January, 2009 O R D E R B.A.No.7552 of 2009 is filed by Accused Nos.1 and 6, while B.A.No.7595 of 2009 is filed by accused No.2 in Crime No.178 of 2009 of Pozhiyoor Police Station, Thiruvananthapuram District, under Section 439 of the Code of Criminal Procedure. 2. The offences alleged against the petitioners are under Sections 120B, 395 and 412 of the Indian Penal Code and Sections 20 and 27 of the Arms Act. 3. The prosecution case is that on 31.8.2009, while the de facto complainant and his brother-in-law were riding on a motor bike after closing the jewellery owned by the de facto complainant, they were attacked by accused Nos.1 to 5 with dangerous weapons and gold ornaments weighing 4.5 kgs. were forcefully taken away by the accused. The first accused was arrested on 17.9.2009, the second accused was arrested on 14.9.2009 and the sixth accused was B.A. NOS.7552 & 7595 OF 2009 :: 2 :: arrested on 11.9.2009. The investigation of the case is over and the charge sheet was filed on 1.12.2009. 4. 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 fact that charge was laid in the case, I am of the view that bail can be granted to the petitioners on stringent conditions. 5. The petitioners (accused Nos.1, 2 and 6) shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Neyyattinkara, subject to the following conditions: a) The petitioners (accused Nos.1, 2 and 6) shall report before the Station House Officer, Pozhiyoor Police Station between 9 A.M. and 11 A.M. on all Mondays, until further orders; b) The petitioners (accused Nos.1, 2 and 6) shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioners (accused Nos.1, 2 and 6) shall not commit any offence or indulge in any prejudicial activity while on bail; B.A. NOS.7552 & 7595 OF 2009 :: 3 :: d) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Applications are allowed as above. (K.T.SANKARAN) Judge ahz/