High Court Kerala High Court

Sajesh K vs State Of Kerala on 6 January, 2010

Kerala High Court
Sajesh K vs State Of Kerala on 6 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 7825 of 2009()


1. SAJESH K,AGED 23,S/O.SATHEESAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,REP.BY THE PUBLIC
                       ...       Respondent

                For Petitioner  :SRI.P.S.SREEDHARAN PILLAI

                For Respondent  : No Appearance

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

 Dated :06/01/2010

 O R D E R
                       K.T. SANKARAN, J.
                   ---------------------------
                    B.A. No. 7825 of 2009
               ------------------------------------
             Dated this the 6th 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.3 in

Crime No.202/2009 of Thalassery Police Station.

2. The offences alleged against the petitioner are under

Sections 362, 368 and 395 of the Indian Penal Code.

3. The prosecution case is the following:

The de facto complainant belongs to Ollur. He was

engaged in supplying finished gold ornaments to various jewellery

shops in and around Kannur. On 08.05.2009, at about 9.30 P.M.,

while he was walking along the road at Kannur, the accused

persons came in a Maruti Alto car, forcibly dragged the de facto

complainant into the car and drove away. They robbed gold

ornaments worth Rs. 2,50,000/-, currency of Rs. 9,000/- and a

mobile phone from the de facto complainant. Later, he was

abandoned at another place.

4. The petitioner surrendered before court on 16/11/2009

and he was remanded to judicial custody.

B.A. No. 7825 /2009
2

5. As per the order dated 2/11/2009 in B.A.No.6214/2009,

bail was granted to accused No.4. As per the order dated

21/12/2009 in B.A. No.7483/2009, bail was granted to accused

No.1.

6. 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 on stringent conditions.

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

bond for Rs.50,000/- with two solvent sureties each 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 not try to influence the
prosecution witnesses or tamper with the
evidence.

B.A. No. 7825 /2009
3

D) The petitioner 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

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