IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 3RD JULY 2008 / 12TH ASHADHA 1930 Bail Appl..No. 4219 of 2008() -------------------------------------- CMP.1255/2008 of JUDL. MAGISTRATE OF FIRST CLASS, KOTHAMANGALAM CRIME NO.653/08 OF KOTHAMANGALAM POLICE STATION .................... PETITIONER/ACCUSED : --------------------------------- MURUKAN, S/O.KRISHNAN, 32 YEARS KAKKATTIL HOUSE, PUTHENCRUZ KARA, AIKKARANADU VILLAGE BY ADV. SRI.ALEXANDER JOSEPH SRI.M.V.SABU RESPONDENTS/COMPLAINANTS : ----------------------------------------------- 1. STATE OF KERALA, REP. BY DIRECTOR GENERAL OF POSECUTION, HIGH COURT OF KERALA, ERNAKULAM 2. THE S.I. OF POLICE, KOTHAMANGALAM POLICE STATION, KOTHAMANGALAM BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------- B.A.No.4219 of 2008 ------------------------------------------- Dated this the 3rd day of July, 2008 ORDER This petition is for bail. 2. The alleged offences are under Section 392 read with Section 34 IPC. According to the prosecution, the petitioner who is the second accused along with first accused claiming to be fortune teller went to the house of the defacto complainant and robbed her of one gold bangle and Rs.3,000/- on 29.5.2008. On a complaint filed by the defacto complainant, a crime was registered and the petitioner was arrested on 30.5.2008. He is in custody since then. 3. Learned public prosecutor submitted that the investigation is over and the petitioner may not be required for the purpose of investigation. But, he being a native of Tamil Nadu, it is likely that he may not be available for trial. Hence, conditions may be imposed, if bail is granted, it is submitted. 4. Learned counsel for the petitioner submitted that the petitioner is permanently settled in Kerala and he is prepared to abide by any condition. BA No.4219/08 2 5. On hearing both sides, I find that bail can be granted to the petitioner. Hence, bail is granted to the petitioner on the following terms and conditions: (i) The petitioner shall execute a bond for Rs.Rs.50,000/- with two solvent local sureties each for the like sum to the satisfaction of the Magistrate Court concerned. In addition to the sureties, one of the nearest relative of the petitioner shall also execute bond for the same amount, whether she or he is solvent or not. (ii) Petitioner shall report before the Investigating Officer on every alternate day between 10 a.m. and 1 p.m. till 31.7.2008 and thereafter on every Monday and Thursday between 10 a.m. to 1 p.m. until further orders. (iii) Petitioner shall not leave the limits of the police station within which the crime is registered except with the prior permission of the learned Magistrate. BA No.4219/08 3 (iv) Petitioner shall not threaten or intimidate any of the witnesses and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl