IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4857 of 2008()
1. SANEER,S/O. MUHAMMAD SAHALU
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE CIRCLE INSPECTOR OF POLICE
For Petitioner :SRI.BRIJESH MOHAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :07/08/2008
O R D E R
K. HEMA, J.
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B.A.No. 4857 of 2008
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Dated this the 7th day of August, 2008
O R D E R
Application for bail.
2. The alleged offences are under sections 120B and 395 IPC.
According to the prosecution, on 30-4-2008 at about 5.45 p.m. petitioner
and others who were travelling in a Maruthi Car, overtook the car driven by
the defacto-complainant and stopped the vehicle, robbed gold ornaments
worth Rs.60 lakhs and an amount of Rs.2,70,000/- and the car, in which the
defacto-complainant was driving, was taken away by the other accused.
The Maruthi car was driven by the petitioner.
3. Learned counsel for petitioner submitted that no article was
recovered from the petitioner. According to him, the petitioner is only a
driver by profession. His assistance was requested stating that a vehicle,
which was hypothecated, had to be taken into possession, but he did not
know that there was attempt to commit the present offence.
4. Learned Public Prosecutor submitted that as per the records, the
petitioner also received Rs.5,000/- out of the amount stolen. However, no
recovery is to be effected from the petitioner. He was arrested on 23-5-2008
and he is in custody for the past 75 days. Charge-sheet has not been laid. On
BA 4857/08 -2-
the facts of this case, the role of the other accused is different from the role
of the petitioner. In the above, circumstances, I find that petitioner can be
granted bail on stringent conditions.
5. Hence, the following order is passed:-
1) The petitioner shall be released on bail on his executing a
bond for Rs.50,000/- with two solvent sureties each for the
like amount to the satisfaction of the learned Magistrate.
2) The petitioner shall report before the Investigating Officer
on every Monday and Thursday between 10 a.m. and 1
p.m. until further orders.
3) The petitioner shall not leave the limits of the police
station within which the crime is registered except with the
prior permission of the learned Magistrate.
4) The petitioner shall not intimidate or influence any witness
or tamper with evidence or commit any offence while on
bail and in case breach of this condition, bail is liable to
be cancelled.
The application is allowed.
K. HEMA, JUDGE.
mn.