IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7664 of 2009()
1. NOUSHAD,AGED 35, S/O.MOIDEENKUNJU,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.K.P.MUJEEB
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :22/12/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 7664 of 2009
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Dated this the 22nd day of December, 2009
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.4 in
Crime No.116/2009 of Vadakkekad Police Station, Thrissur.
2. The offence alleged against the petitioner is under
Section 395 of the Indian Penal Code.
3. The prosecution case is that on 17/3/2009, the accused
persons blocked the car, in which the de facto complainant and
others were travelling, pulled down the de facto complainant from
the car and took away Rs.25,000/- from him. It is alleged that
the accused persons forcibly made the de facto complainant sign
two cheques for Rs.2,00,000/- each. The petitioner was arrested
on 24/11/2009.
4. As per the order dated 7/04/2009 in Crl.M.C.
No.465/2009, bail was granted to accused Nos. 1 and 2 by the
learned Sessions Judge.
5. Taking into account the facts and circumstances of the
case, the duration of the judicial custody undergone by the
B.A. No. 7664/ 2009
2
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.
6. The petitioner shall be released on bail on his executing
bond for Rs.25,000/- with two solvent sureties each for the like
amount to the satisfaction of the Judicial Magistrate of the First
Class, Kunnamkulam 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, 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.
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
scm