High Court Kerala High Court

Muhammed Anas vs Station House Officer on 11 January, 2010

Kerala High Court
Muhammed Anas vs Station House Officer on 11 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 28 of 2010()


1. MUHAMMED ANAS, AGED 26 YEARS,
                      ...  Petitioner

                        Vs



1. STATION HOUSE OFFICER,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY THE

                For Petitioner  :SRI.T.M.ABDUL LATHEEF

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :11/01/2010

 O R D E R
                          K.T.SANKARAN, J.
             ------------------------------------------------------
                        B.A. NO. 28 OF 2010
             ------------------------------------------------------
            Dated this the 11th day of January, 2010


                                O R D E R

This is an application for bail under Section 439 of the Code of

Criminal Procedure. The petitioner is accused No.11 in Crime

No.555 of 2009 of Thalassery Police Station, Kannur District.

2. The offences alleged against the petitioner are under

Sections 395 and 399 of the Indian Penal Code.

3. The date of occurrence was on 30.9.2009, The allegation

is that the accused persons snatched away 789 grams of gold and

Rs.50,000/- from the de facto complainant. The petitioner was

arrested on 10.12.2009.

4. Learned Public Prosecutor opposed the Bail Application.

5. Learned counsel for the petitioner pointed out that bail was

granted to accused Nos.1 and 2 as per the order dated 6.1.2010 by

B.A. NO. 28 OF 2010

:: 2 ::

the Sessions Court, Thalassery. A photocopy of the order was

handed over by the learned counsel for the petitioner. It is seen from

the order passed by the learned Sessions Judge that the first

accused was arrested on 10.11.2009 and the second accused was

arrested on 10.12.2009. The petitioner in the present case was

arrested on 10.12.2009.

6. Since the learned Sessions Judge has granted bail to

accused Nos.1 and 2, I do not think that in the same circumstances,

it would be proper to deny bail to accused No.11 only on the ground

that he approached the High Court. It is true that the Bail Application

submitted by the petitioner was dismissed by the learned Sessions

Judge by the order dated 22.12.2009. However, bail was granted to

accused Nos.1 and 2 by the learned Sessions Judge as per the

order dated 6.1.2010.

7. Taking into account the facts and circumstances of the

case, the duration of the judicial custody undergone by the petitioner,

the nature of the offence and the present stage of investigation, I am

of the view that bail can be granted to the petitioner.

B.A. NO. 28 OF 2010

:: 3 ::

8. The petitioner shall be released on bail on his executing

bond for Rs.50,000/- with two solvent sureties for the like amount to

the satisfaction of the Judicial Magistrate of the First Class,

Thalassery, subject to the following conditions:

a) The petitioner shall report before the investigating officer
between 9 A.M. and 11 A.M. on all Mondays and
Thursdays, till the final report is filed or until further
orders;

b) The petitioner shall appear before the investigating
officer for interrogation as and when required;

c) The petitioner shall surrender his passport before the
Court of the Judicial Magistrate of the First Class,
Thalassery, within a period of one week. If the petitioner
does not hold an Indian Passport, an affidavit to that
effect shall be filed before the learned Magistrate;

d) The petitioner shall not try to influence the prosecution
witnesses or tamper with the evidence;

e) The petitioner shall not commit any offence or indulge in
any prejudicial activity while on bail;

f) 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/