IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 Bail Appl..No. 7377 of 2008() ----------------------------- CMP.5591/2008 of J.M.F.C.,KASARAGOD CRIME NO. 276/2008 OF MANJESHWAR POLICE STATION PETITIONER/ACCUSED -------------------------------------- MUHAMMED ASHRAF, AGE 32/08, S/O.ABDULLA, PACHILAMPARA, JPPALA GRAMAM, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY INSPECTOR OF POLICE MANJESHWAR POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, ERNAKULAM. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7377 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of December,2008 O R D E R Petition for bail. 2. Petitioner is the 3rd accused in the crime. The alleged offences are under sections 143, 147, 148, 452, 395, 450 read with section 149 IPC. According to prosecution, petitioner along with 9 others formed into an unlawful assembly and armed with weapons committed house trespass into the house of de facto complainant and committed robbery of gold ornaments worth 60 sovereigns and Rs.25,000/-, which were kept in an almerah. The incident occurred on 5.10.2008 and petitioner was arrested on 8.10.2008. 3. Learned counsel for petitioner submitted that co- accused (A2) was granted bail as per order dated 13-11-2008 in B.A. no. 6731/2008 (Vide Annexure-A2). 4. Learned Public Prosecutor submitted that he has no objection in granting bail but stringent conditions may be imposed. BA 7377/08 -2- 5. On hearing both sides, I am satisfied that bail can be granted to petitioner on stringent conditions. Hence, the following order is passed: 1) Petitioner shall be released on bail on his executing a 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, after he is discharged from the hospital on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. ii) Petitioner shall not leave the limits of the police station within which crime is registered except with the prior permission of learned Magistrate after his discharge from the hospital. iii) Petitioner shall not influence or intimidate any witness or tamper with evidence or commit any offence while on bail and in BA 7377/08 -3- case of breach of this condition bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE. mn.