High Court Kerala High Court

Renjith vs S.I.Of Police on 17 August, 2009

Kerala High Court
Renjith vs S.I.Of Police on 17 August, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 4588 of 2009()


1. RENJITH S/O.LEKSHMANAN,
                      ...  Petitioner
2. RANA S/O.SHARAFUDEEN,

                        Vs



1. S.I.OF POLICE, KOLLAM EAST POLICE
                       ...       Respondent

                For Petitioner  :SRI.A.RAJASIMHAN

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :17/08/2009

 O R D E R
                           K.T.SANKARAN, J.
              ------------------------------------------------------
                       B.A. NO. 4588 OF 2009
              ------------------------------------------------------
                  Dated this the 17th August, 2009


                                 O R D E R

This is an application for bail under Section 439 of the Code of

Criminal Procedure. The petitioners are accused Nos.1 and 2 in

Crime No.852 of 2009 of Kollam East Police Station.

2. The offence alleged against the petitioners is under Section

402 of the Indian Penal Code.

3. The prosecution case is that on 24.7.2009 during midnight,

the petitioners and the other accused were found assembled for the

purpose of committing dacoity. Accused Nos.1 and 2 were arrested

on the spot. A sword was seized from the possession of the first

accused. The other accused persons were not arrested.

4. It is submitted by the learned counsel for the petitioners that

the father of the second accused had filed a petition before the

Secretary of Kollam Corporation pointing out the unhygienic method in

B.A. NO. 4588 OF 2009

:: 2 ::

which one Farookkiya Thangal is conducting a fast food shop near

the place of incident. Accused No.2 is also residing nearby. It is

stated that on account of enmity, a case was foisted against the

petitioners by giving false information to the police.

5. The petitioners are in judicial custody since 25.7.2009. The

investigation is progressing. Bail Applications filed by the petitioners

were rejected by the learned Magistrate as well as the learned

Sessions Judge.

6. On a consideration of the facts and circumstances of the

case and the materials on record, I am of the view that bail can be

granted to the petitioners on stringent conditions.

7. The petitioners shall be released on bail on their executing

bond for Rs.50,000/- each with two solvent sureties for the like

amount to the satisfaction of the Judicial Magistrate of the First

Class – II, Kollam, 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,
Wednesdays and Saturdays, till the final report is filed or
until further orders;

B.A. NO. 4588 OF 2009

:: 3 ::

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.

The Bail Application is allowed as above.

(K.T.SANKARAN)
Judge

ahz/