IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 18TH DECEMBER 2007 / 27TH AGRAHAYANA 1929 Bail Appl..No. 7797 of 2007() ----------------------------- CRIME NO. 120/05 OF NATTUKAL POLICE STATION AGAINST THE JUDGEMENT/ORDER IN BA.7151/2007 Dated 23/11/2007 .................... PETITIONER/ACCUSED NO.9 ---------------------------------------- SHRI.NOORUDEEN, AGED 36 YEARS, S/O.ABDUL RAHIMAN, PALIYATHAZHATH HOUSE, OORAKAM DESOM, THRISSUR DISTRICT. BY ADV. SRI.M.H.HANIL KUMAR SRI.A.P.VASAVAN RESPONDENTS: COMPLAINANT/STATE ------------------------------ 1. SUB INSPECTOR OF POLICE, NATTUKAL POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN - 682 031. 2. CIRCLE INSPECTOR OF POLICE, MANNARKKAD POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN - 682 031. 3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/12/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 7797 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of December, 2007 O R D E R Application for regular bail. The petitioner is the 9th accused. He faces allegations in a crime registered under Section 395 I.P.C. The alleged incident took place on 24.6.2005. A passenger in a K.S.R.T.C. bus, who was carrying large amounts , was attacked by the accused. He was pulled out of the bus and the amounts were taken away. The petitioner was brought on the array of accused on 4.4.2006. He was arrested on 1.10.2007 and he continues in custody from that date. Two earlier applications for regular bail submitted by the petitioner were dismissed by this Court as per orders dt. 29.10.07 and 23.11.2007 in B.A.Nos. 6510 and 7151 of 2007 respectively. 2. The learned counsel for the petitioner prays, the learned Prosecutor does not oppose the said prayer on condition that the Investigator is granted reasonable further time to complete the investigation and I am satisfied that the petitioner can now be directed to be enlarged on bail subject to B.A.No. 7797 of 2007 2 appropriate terms and conditions. 3. In the result: 1) This application is allowed. 2) The petitioner shall be released on bail on the following terms and conditions. (a) The petitioner shall not be released from custody on the strength of this order prior to 29.12.2007. The Investigators shall in the meantime make every endeavour to complete the investigation. (b) He shall execute a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. (c) He shall make himself available for interrogation before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of two months and thereafter as and when directed by the Investigating Officer in writing to do so. (R. BASANT) Judge tm B.A.No. 7797 of 2007 3