IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932 Bail Appl..No. 4207 of 2010() ----------------------------------------- C.P.NO.64/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,CHALAKUDY .. (CRIME NO.138/2007 OF KORATTY POLICE STATION) PETITIONERS/ACCUSED 2, 4 AND 5: ------------------------------------------------------- 1. JOSE, S/O.CHAMPAKASSERY VARGHESE, AGED 40 YEARS, NAMBRATH ROAD, ALUVA VILLAGE, ALUVA DESOM,ERNAKULAM DISTRICT. 2. ANIL, S/O.CHAMPAKASSERY VARGHESE, AGED 33 YEARS, NAMBRATH ROAD, ALUVA VILLAGE, ALUVA DESOM,ERNAKULAM DISTRICT. 3. RAJEENDRANATH, S/O.GOPINATH, AGED 29 YEARS,THACHERY HOUSE,THONGALPALAM DESOM, PUTHENVELIKKARA VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REP BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM REP BY S.I.OF POLICE KORATTY POLICE STATION. BY PUBLIC PROSECUTOR SRI. V. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.HEMA, J. ------------------ B.A. No. 4207 of 2010 ------------------------------------ Dated this the 22nd day of July, 2010 O R D E R Petition for bail. 2. The alleged offence is under Section 399 of the Indian Penal Code. According to prosecution, petitioners (A2, 4 and 5) along with 4 others were found making preparation for dacoity and with that intention, they were travelling in a car. They were arrested and swords and iron rods were seized from their possession. The incident happened on 25.03.2007. 3. Learned counsel for petitioners submitted that petitioners got employment in Mumbai and hence, they could not appear in court. Therefore, non-bailable warrants were issued and they were arrested on 25.06.2010 and he is in custody for the past 28 days. At the crime stage also, petitioner was in custody for the past 33 days. It is true that first and second petitioners (A2 and A4) are involved in another case relating to offence under Section 302 of the Indian Penal Code. But the incident in that case happened in 2002, and they are on bail in that case. After the incident in this case, in 2007, petitioners are not involved in B.A. No. 4207 / 2010 2 any crime to the past more than three years. Petitioners are prepared to abide by any condition and hence bail may be granted, it is submitted. 4. Learned Public Prosecutor submitted that petitioners 1 and 2 are involved in an offence under Section 302 of the Indian Penal Code and the said incident happened in the year 2002. Thereafter, this case was registered against them in the year 2007. No other case is reported against petitioners after 2007. In the above circumstances, he has no objection in granting bail, but stringent conditions may be imposed for securing his presence during the trial. It is also submitted that 4th accused is not reported to be involved in any other case. 5. On hearing both sides and on considering the various facts and circumstances stated above, I am satisfied that bail can be granted on conditions. Hence the following order is passed: Petitioners shall be released on bail on their executing a bond for Rs.50,000/-each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: B.A. No. 4207 / 2010 3 i) Petitioners shall report before the Station House Officer on every Monday and Thursday, between 10 A.M. and 1 P.M. ii) Petitioners shall not leave the limits of Aluva police station, except with the prior permission of the learned Magistrate and for compliance of condition no.1. iii) Petitioners shall not influence or intimidate any witness or tamper with the evidence. iv) In case, petitioners are involved in any similar offence, their bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE ln