IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7825 of 2009()
1. SAJESH K,AGED 23,S/O.SATHEESAN,
... Petitioner
Vs
1. STATE OF KERALA,REP.BY THE PUBLIC
... Respondent
For Petitioner :SRI.P.S.SREEDHARAN PILLAI
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :06/01/2010
O R D E R
K.T. SANKARAN, J.
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B.A. No. 7825 of 2009
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Dated this the 6th 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.3 in
Crime No.202/2009 of Thalassery Police Station.
2. The offences alleged against the petitioner are under
Sections 362, 368 and 395 of the Indian Penal Code.
3. The prosecution case is the following:
The de facto complainant belongs to Ollur. He was
engaged in supplying finished gold ornaments to various jewellery
shops in and around Kannur. On 08.05.2009, at about 9.30 P.M.,
while he was walking along the road at Kannur, the accused
persons came in a Maruti Alto car, forcibly dragged the de facto
complainant into the car and drove away. They robbed gold
ornaments worth Rs. 2,50,000/-, currency of Rs. 9,000/- and a
mobile phone from the de facto complainant. Later, he was
abandoned at another place.
4. The petitioner surrendered before court on 16/11/2009
and he was remanded to judicial custody.
B.A. No. 7825 /2009
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5. As per the order dated 2/11/2009 in B.A.No.6214/2009,
bail was granted to accused No.4. As per the order dated
21/12/2009 in B.A. No.7483/2009, bail was granted to accused
No.1.
6. 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 on stringent conditions.
7. The petitioner shall be released on bail on his executing
bond for Rs.50,000/- with two solvent sureties each 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 not try to influence the
prosecution witnesses or tamper with the
evidence.
B.A. No. 7825 /2009
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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