Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH TUESDAY,THE11H DAY OF FEBRUARY201422ND MAGHA, 1935 Bail Appl..No. 942 of 2014 (C) ----------------------------------------- [CRIME NO. 1/2014 OF KOTTIYAM POLICE STATION , KOLLAM DISTRICT] ........... PETITIONERS/3RD, 4TH AND5H ACCUSED: --------------------------------------------------------------- 1. SANTHOSH, AGED27YEARS, S/O.SAMBASIVAN, VAYALILTHOPPIL VEEDU, NATIONAL NAGAR-7, POLAYATHODE CHERRY, VADAKKEVILA VILLAGE, KOLLAM DISTRICT.
2. RAJEESH, AGED23 S/O.RAJENDHRAN, VAYALILTHOPPIL VEEDU, NATIONAL NAGAR-44, POLAYATHODE CHERRY, VADAKKEVILA VILLAGE, KOLLAM DISTRICT.
3. AZARUDHEEN, AGED26YEARS, S/O.IQUBAL, YASAR MANZIL, NATIONAL NAGAR-55, POLAYATHODE CHERRY, VADAKKEVILA VILLAGE, KOLLAM DISTRICT. BY ADVS.SRI.BIMAL K.NATH, SRI.SREEVALSAN.V, SMT.M.K.SHIMI, SRI.D.SREENATH. RESPONDENT: --------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. BY PUBLIC PROSECUTOR SRI. SREEJITH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON1102-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. THOMAS P. JOSEPH, J.
========================= Bail Application No. 942 of 2014 ============================ Dated this the 11th February, 2014 ORDER
Petitioners are accused 3 to 5 in Crime No. 1 of 2014 of the Kottiyam police station for the offence punishable under Sec.402 of the Penal Code on the allegation that they along with others were found near a hotel on 01.01.2014 with intend to commit dacoity, are in custody from 01.01.2014 and seek bail.
2. Learned Public Prosecutor has opposed the application. Accused 3 to 5 are involved in one case each. The 1st accused in involved in 4 other cases. A gold chain was also taken from his possession.
3. Learned counsel submits that the allegations against the petitioners are not true.
4. Having regard to the relevant circumstances, I am inclined to grant bail to these petitioners but subject to stringent conditions to prevent recurrence of such incidents B.A.No. 942 of 2014 2 in future and from a future date since investigation is not completed. Application is allowed as under: Petitioners /accused 3 to 5 are granted bail in Crime No. 1 of 2014 of the Kottiyam police station and shall be released, if not required to be detained otherwise on their executing bond for Rs.25,000/- (Rupees Twenty five thousand only) each with three sureties each for the like sum each to the satisfaction of the jurisdictional magistrate and subject to the following conditions:- a) One of the sureties shall be a close relative of any of the petitioners. b) Petitioners shall report to the investigating officer on every Monday and Saturday between 10:00 a.m. to 12:00 p.m. until filing of the final report. c) Petitioners shall report to the investigating officer as and when required for interrogation. d) Petitioners shall not get involved in any offence during the period of this bail. e) Petitioners shall not influence/intimidate the B.A.No. 942 of 2014 3 witnesses. f) It is made clear that in case any of condition Nos. (b) to (e) is violated, it is open to the Investigating Officer to seek cancellation of the bail granted hereby, by moving application before the learned magistrate as held in P.K. Shaji V. State of Kerala (AIR2006Supreme Court 100). g) This order granting bail will take effect only from 15.02.2014 since investigation is not completed. Sd/- THOMAS P.JOSEPH, JUDGE //true copy// P.A. to Judge Smv