IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 Bail Appl..No. 7156 of 2011 CRIME NO.340 OF 2011 OF PANGODU POLICE STATION, THIRUVANANTHAPURAM DISTRICT. PETITIONERS/ACCUSED-A11 & 12 ------------------------------------------------ 1. SHIJU,AGED 29 YEARS,S/O.SHERIF HUSAIN, SHIJI MANZIL,ALAMCHERI,PALLICKKAL,MYLOM VILLAGE, KOTTARAKARA TALUK, KOLLAM DISTRICT. 2. SHINU,AGED 27 YEARS,S/O.SHERIF HUSAIN, SHIJI MANZIL,ALAMCHERI,PALLICKKAL,MYLOM VILLAGE, KOTTARAKARA TALUK,KOLLAM DISTRICT. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 7156 OF 2011 ------------------------------------------------------ Dated this the 22nd day of September, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.11 and12 in Crime No.340 of 2011 of Pangodu Police Station, Thiruvananthapuram District. 2. The offences alleged against the petitioners are under Sections 449, 302, 395, 201, 216-A, 411 and 120-B of the Indian Penal Code. The petitioners were arrested on 23.6.2011 and they were remanded to judicial custody. 3. The prosecution case is that on 5.5.2011, accused Nos.1, 3, 4 and 5 broke open a jewellery and committed theft of gold ornaments. They also committed murder of the watchman of the jewellery and threw away the dead body in a nearby well. The prosecution case is that accused Nos.11 and 12, the petitioners herein, had close connection with the other accused. The specific allegation against accused No.11 is that he disposed of 200 gms. Bail Appl. NO.7156 of 2011 :: 2 :: out of the stolen articles. It is also alleged that accused No.12 disposed of 50 gms. out of the stolen ornaments. The prosecution further alleges that accused Nos.1 and 3 concealed the weapons of offence with the help of accused Nos.11 and 12. Accused Nos.11 and 12 also harboured accused No.9. The prosecution also alleges that accused Nos.11 and 12 were also involved in the conspiracy to commit the offence. 4. After completing the investigation, charge sheet was filed on 24.8.2011. 5. 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 that the charge was laid, I am of the view that bail can be granted to the petitioners. 6. The petitioners shall be released on bail on their executing bond for Rupees Fifty thousand each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class II, Nedumangad, subject to the following conditions: Bail Appl. NO.7156 of 2011 :: 3 :: a) The petitioners shall surrender their Passports before the Court of the Judicial Magistrate of the First Class II, Nedumangad. If the petitioners do not have a Passport, an affidavit sworn to by them to that effect shall be filed before the learned Magistrate; b) The petitioners shall appear before the Inspector of Police, Kilimanoor on alternate Mondays, until further orders; c) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. d) The petitioners 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 ahz/