1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 Bail Appl..No. 7664 of 2009() ----------------------------- CRMP.7041/2009 of J.M.F.C.,KUNNAMKULAM CRIME NO.116/2009 OF VADAKKEKAD POLICE STATION, THRISSUR. .................... PETITIONER/ACCUSED: ------------------------------------- NOUSHAD,AGED 35, S/O.MOIDEENKUNJU, PUTHUVEETTIL HOUSE, PUNNA DESOM, MANATHALA VILLAGE, CHAVAKKAD, THRISSUR DISTRICT. BY ADV. SRI.K.P.MUJEEB RESPONDENT/COMPLAINANT: ---------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7664 of 2009 ----------------------------- Dated this the 22nd day of December, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.4 in Crime No.116/2009 of Vadakkekad Police Station, Thrissur. 2. The offence alleged against the petitioner is under Section 395 of the Indian Penal Code. 3. The prosecution case is that on 17/3/2009, the accused persons blocked the car, in which the de facto complainant and others were travelling, pulled down the de facto complainant from the car and took away Rs.25,000/- from him. It is alleged that the accused persons forcibly made the de facto complainant sign two cheques for Rs.2,00,000/- each. The petitioner was arrested on 24/11/2009. 4. As per the order dated 7/04/2009 in Crl.M.C. No.465/2009, bail was granted to accused Nos. 1 and 2 by the learned Sessions Judge. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the B.A. No. 7664/ 2009 2 petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kunnamkulam subject to the following conditions:- A) The petitioner shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders. B) The petitioner shall appear before the Investigating Officer for interrogation as and when required. C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) 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 scm