IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 Bail Appl..No. 7329 of 2008() ----------------------------- CRMP.6518/2008 IN CRIME NO.1180/2008 OF KUNNAMKULAM POLICE STATION .................... PETITIONERS/ACCUSED NOS. 1 TO 4 --------------------------------------------------- 1. JAYAKUMAR @ PUTHUR AMBILI, S/O.MURALIDHARAN UNNITHAN, JAYAMANDIRAM, PUTHUR, KOTTARAKKARA. 2. BINCY, S/O.JOY, VALIYIL HOUSE, KULANADA, PANDALAM. 3. JOSHI, S/O.JAMES, PONMATTIL ADIMURIYIL HOUSE, PRAKKANAM P.O., PATHANAMTHITTA. 4. ABY, S/O.RAJAN, KURUTHILAYIL HOUSE, SENIOR GROUND, KUNNAMKULAM. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, KUNNAMKULAM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.7329 of 2008 --------------------------------------------- Dated this the 9th December, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 399 IPC. According to prosecution, on 31.10.2008 at about 11.30 p.m., petitioners (A1 to A4) were found in possession of dangerous weapons like iron rod, sword and plastic ropes, chilly powder etc. in a Maruti car and they were allegedly making preparation of committing decoity. 3. Learned counsel for petitioners submitted that all the accused were arrested on 1.11.2008 and they are in custody since then. Since A1 to A3 are involved in various other crimes, he is not pressing the request for bail by those accused. However, 4th accused is involved in one more case but he is on bail in that case. Hence, he may be granted bail, it is submitted. 4. Learned public prosecutor submitted that he has no objection in granting bail to the petitioner on conditions. 5. On hearing both sides, I am satisfied that bail can be granted to the fourth accused (fourth petitioner) on conditions. BA No.7329/2008 2 Hence, the following order is passed: (1) Bail is granted to the fourth petitioner on his execution of bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned, on the following conditions: (i) Petitioner shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. to 1 p.m. until further orders. (ii) Petitioner shall not influence or intimidate any witness or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. (2) The prayer for bail by accused nos.1 to 3 is rejected. The petition is partly allowed. K.HEMA, JUDGE csl