IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4920 of 2010()
1. PRAKASAN, S/O. MUKUNDAN,
... Petitioner
2. UNNIKRISHNAN @ ANIL KUMAR, S/O. RAMAN,
3. PRADEEP, S/O. MUKUNDAN,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.GRASHIOUS KURIAKOSE
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice P.BHAVADASAN
Dated :27/08/2010
O R D E R
P. BHAVADASAN, J.
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B.A. No. 4920 of 2010
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Dated this the 27th day of August, 2010
ORDER
This is a petition filed under Section 439 of
Criminal Procedure Code seeking bail.
2. Petitioners are accused Nos. 1, 3 and 4 in
Crime No.1299 of 2010 of Thrikkakara Police Station for
having committed the offences punishable under
Sections 457, 461, 380 and 34 Indian Penal Code.
They are accused of having committed theft of gold
ornaments worth 2 = sovereigns.
3. It is pointed out that the petitioners have
been falsely implicated and they are totally innocent. It
is also pointed out that they have been implicated in
several cases in Tamil Nadu and in all those cases they
have been granted bail. Petitioners 1 and 2 were
arrested on 18.6.2010 and the third petitioner was
arrested on 29.6.2010. It is pointed out that their
continued custody is not necessary since a major portion
B.A.4920/2010. 2
of the investigation is over. They therefore seek bail.
4. Learned Public Prosecutor pointed out that
they are habitual offenders and they may not be released on
bail as their presence may not be obtained for trial.
5. There is nothing to show that the petitioners
are likely to abscond when their appearance is necessary
and even if there is any such apprehension, that can be
safeguarded by imposing adequate conditions. A good part
of the investigation is over and continued custody of the
petitioners seems to be unjustified.
In the result, this application is allowed as follows:
1) Petitioners shall be released on bail on each of
them executing a bond for Rs.10,000/- (Rupees Ten
Thousand only) with two solvent sureties each for the like
sum each to the satisfaction of JFCM-I, Aluva.
2) Petitioners shall report before the investigating
officer on every Thursday between 10 a.m. and 11 a.m. till
final report is laid.
B.A.4920/2010. 3
3) Petitioners shall not tamper or attempt to
tamper with the evidence or influence or try to influence the
witnesses.
P. BHAVADASAN,
JUDGE
sb.