IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 Bail Appl..No. 1820 of 2010() ---------------------------------- CMP.373/2010 of J.M.F.C.-V,KOZHIKODE CRIME NO. 168/2009 OF NALLALAM POLICE STATION, KOZHIKODE .................... PETITIONERS/ACCUSED : ------------------------------- 1. SIBI CHANDRAN, S/O.C.M.CHANDRAN. AGED 30 YEARS, CHANDRALAYAM HOUSE, NEAR MAR BASIL HIGH SCHOOL, KARUVUR KAVALA, KOTHAMANGALAM VILLAGE, ERNAKULAM. 2. ELDO PAUL, S/O.POULOSE, AGED 25 YEARS, KANAKAM CHERI HOUSE, PALOOR, PIRAVOM VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM. 3. SIBI MARKOZ, S/O.T.A.MARKOZ, AGED 26 YEARS, PAZHAYAPANCHAYATH KAVALA, MUVATTUPUZHA TALUK, ERNAKULAM DIST. 4. NEBIN V.L., S/O.LEMU SAMUVAL, 22 YEARS,VALIYAPARAMBIL HOUSE, CHUNKATHARA POST, MANALI, NILAMBUD, 5. DEEPU THOMAS, S/O.P.C.THOMAS, AGED 27 YEARS, MAMALAKAVALA, PAZHUR, PIRAVOM VILLAGE, MUVATTUPUZHA TALUK, ERANAKULAM. BY ADV. SRI.M.Y.VARGHESEKUTTY RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY C.I.OF POLICE, NALLALAM POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1820 of 2010 ----------------------------------- Dated this the 29th day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos. 2, 3, 5, 6 and 4 in Crime No.168/2009 of Nallalam Police Station, Kozhikode District. 2. The offences alleged against the petitioners are under Sections 120-B, 365 and 395 of the Indian Penal Code. 3. It is submitted by the learned counsel for the petitioners that in the Bail Application the crime number was mistakenly shown as Crime No. 168/2010 and the correct Crime number is Crime No. 168/2009. 4. The petitioners had moved Bail Application No. 941/2010. That application was dismissed by the order dated 18.02.2010. For the sake of convenience, paragraphs 3 to 5 in the order dated 18.02.2010 are extracted below: “3. The prosecution case is the following: The de facto complainant is working in a B.A. No. 1820 of 2010 2 travel agency, run by his relative in Wayanad. On 12.4.2009, the de facto complainant came to Calicut as directed by his employer to give Rs.1,25,000/- to a travel agency at Ramanattukara. From Wayanad, the de facto complainant came to Calicut. From the bus stand at Mavoor road, he got into a bus to go to Ramanattukara. He was told the said bus was not passing through Ramanattukara. The de facto complainant was directed to get down at Meenchantha. He got down at Meenchantha. In order to make a call to his employer, he wanted to get a coin. He got into a shop to purchase cigarettes so that he could get the changes. At that time, the accused persons came in a Tavera car, stopped in front of the shop and forcibly took the de facto complainant into the vehicle and left the car. 4. The de facto complainant was beaten by the accused persons and the money in his possession was taken by them. B.A. No. 1820 of 2010 3 Thereafter, he was left at Chalapuram in Kozhikode. The car was found in an abandoned stage in Calicut city itself. On a search of the car, mobile phones belonging to some of the accused persons, the dress belongs to some of the accused persons and other articles belongs to other accused persons were found in the car. The car belongs to another person. 5. The petitioners were arrested on 22.1.2010. According to the petitioners, they surrendered before police. The learned Public Prosecutor submitted that the investigation is not over. Accused Nos.1 and 7 are yet to be arrested.” 5. The investigation has progressed thereafter. It is submitted that the investigation is at the final stage. 6. 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 present stage of investigation, I am of the view that bail can be granted to the petitioners. B.A. No. 1820 of 2010 4 7. The petitioners shall be released on bail on their executing a bond for Rs. 25,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-V, Kozhikode subject to the following conditions:- A) The petitioners shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays for one month and thereafter on Mondays, till the final report is filed or until further orders. B) The petitioners shall appear before the Investigating Officer for interrogation as and when required. C) The petitioners shall surrender their passports before the Court of the Judicial Magistrate of the First Class-V, Kozhikode within one week from the date of release on bail. If any of the petitioners does not hold an Indian Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate within one week. D) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. B.A. No. 1820 of 2010 5 F) 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 ln