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.
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B.A. NO. 28 OF 2010
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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
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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
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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/