IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4588 of 2009()
1. RENJITH S/O.LEKSHMANAN,
... Petitioner
2. RANA S/O.SHARAFUDEEN,
Vs
1. S.I.OF POLICE, KOLLAM EAST POLICE
... Respondent
For Petitioner :SRI.A.RAJASIMHAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :17/08/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 4588 OF 2009
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Dated this the 17th August, 2009
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.1 and 2 in
Crime No.852 of 2009 of Kollam East Police Station.
2. The offence alleged against the petitioners is under Section
402 of the Indian Penal Code.
3. The prosecution case is that on 24.7.2009 during midnight,
the petitioners and the other accused were found assembled for the
purpose of committing dacoity. Accused Nos.1 and 2 were arrested
on the spot. A sword was seized from the possession of the first
accused. The other accused persons were not arrested.
4. It is submitted by the learned counsel for the petitioners that
the father of the second accused had filed a petition before the
Secretary of Kollam Corporation pointing out the unhygienic method in
B.A. NO. 4588 OF 2009
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which one Farookkiya Thangal is conducting a fast food shop near
the place of incident. Accused No.2 is also residing nearby. It is
stated that on account of enmity, a case was foisted against the
petitioners by giving false information to the police.
5. The petitioners are in judicial custody since 25.7.2009. The
investigation is progressing. Bail Applications filed by the petitioners
were rejected by the learned Magistrate as well as the learned
Sessions Judge.
6. On a consideration of the facts and circumstances of the
case and the materials on record, I am of the view that bail can be
granted to the petitioners on stringent conditions.
7. The petitioners shall be released on bail on their executing
bond for Rs.50,000/- each with two solvent sureties for the like
amount to the satisfaction of the Judicial Magistrate of the First
Class – II, Kollam, subject to the following conditions:
a) The petitioners shall report before the investigating
officer between 9 A.M. and 11 A.M. on all Mondays,
Wednesdays and Saturdays, till the final report is filed or
until further orders;
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b) The petitioners shall appear before the investigating
officer for interrogation as and when required;
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/