IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1493 of 2010()
1. P.A.HARIS @ APPU,
... Petitioner
Vs
1. THE STATION HOUSE OFFICER,
... Respondent
For Petitioner :SRI.T.MADHU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :10/03/2010
O R D E R
K.T. SANKARAN, J.
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B.A. Nos.1493 & 1723 of 2010
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Dated this the 7th day of April, 2010
O R D E R
These are applications for bail under Section 439 of the
Code of Criminal Procedure. B.A.No.1723/2010 is filed by accused
No.2, while B.A. No.1493/2010 is filed by accused No.3.
2. The offence alleged against the petitioners is under
Section 395 of the Indian Penal Code.
3. The date of occurrence was on 2/3/2010 at 11.30 A.M..
The de facto complainant, driver of a JCB, was proceeding on a
motor bike as directed by his employer. The allegation is that the
de facto complainant was intercepted by the accused, five in
number, who came on three motor bikes. The accused persons
forcibly took the mobile phones of the de facto complainant,
removed the Sim Cards and returned the mobile phones to the
de facto complainant himself. It is also alleged that Rs.800/- was
forcibly taken from the pocket of the de facto complainant.
Accused Nos.2 and 3 were arrested on 2/3/2010.
4. Taking into account the facts and circumstances of the
case, the duration of the judicial custody undergone by the
petitioners, the nature of the offence and the present stage of
B.A. Nos.1493 & 1723 of 2010
2
investigation, I am of the view that bail can be granted to the
petitioners.
5. The petitioners shall be released on bail on their
executing bond for Rs.25,000/- each with two solvent sureties
each for the like amount to the satisfaction of the Judicial
Magistrate of the First Class-I, Kasaragod subject to the following
conditions:-
A) The petitioners 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 petitioners shall appear before the
Investigating Officer for interrogation as
and when required.
C) The petitioners shall not try to influence
the prosecution witnesses or tamper with
the evidence.
D) The petitioners 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.
Bail Applications are allowed as above.
K.T. SANKARAN, JUDGE
scm