Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH TUESDAY, THE1T DAY OF APRIL201411TH CHAITHRA, 1936 Bail Appl..No. 2234 of 2014 () ------------------------------- CRIME NO. 359/2014 OF ADOOR POLICE STATION, PATHANAMTHITTA DISTRICT. ......... PETITIONER/2ND ACCUSED: ------------------------------------------ VISHNU @ SASIKUTTAN, AGED20YEARS, S/O.SELVARAJ, KARIKKODE PUTHEN VEEDU, KARIKKODE VILLAGE, ADOOR, PATHANAMTHITTA DISTRICT. BY DR.K.P.SATHEESAN, SENIOR ADVOCATE. ADVS. SRI.M.R.JAYAPRASAD, SRI.P.MOHANDAS (ERNAKULAM), SRI.ANOOP.V.NAIR, SRI.S.VIBHEESHANAN. RESPONDENT/STATE & COMPLAINANT: ---------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031.
2. THE SUB INSPECTOR OF POLICE, ADOOR POLICE STATION, PATHANAMTHITTA DISTRICT, PIN - 691 523. BY PUBLIC PROSECUTOR MR.V.S. SREEJITH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0104-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. THOMAS P. JOSEPH, J.
-------------------------------- Bail Appl. No. 2234 of 2014 -------------------------------------------- Dated this the 1st day of April 2014 ORDER
Petitioner is the 2nd accused in Crime No.359 of 2014 of the Adoor Police station for the offences punishable under Sec.392 read with Sec.34 of the Indian Penal Code, is in custody from 11.03.2014 and seeks bail.
2. Learned Public Prosecutor has opposed the application. It is submitted that on 21.02.2014 at about 9 a.m., near the KSRTC bus stand at Adoor, petitioner and others attempted to commit robbery, attacked the defaco complainant and others and took away Rs.290/- and a mobile phone. Investigation of the case is not completed. It is submitted that the petitioner is not reported to be involved in any other case of the Adoor Police station.
3. I have heard the learned Senior Advocate appearing for the petitioner as well.
4. It is revealed that the 1st accused in the case was granted bail as per order dated 10.03.2014 in B.A. Bail Appl. No. 2234 of 2014 2 No.1678 of 2014. Having heard both sides, I am inclined to grant the same relief to the petitioner also. The application is allowed as under. Petitioner is granted bail in Crime No.359 of 2014 of the Adoor police station and shall be released (if not required to be detained otherwise) on his executing bond for Rs.25,000/- (Rupees Twenty five thousand only) with three sureties for the like sum each to the satisfaction of the jurisdictional magistrate and subject to the following conditions:- a) Whether or not he/she has landed properties, one of the sureties shall be the father/brother/mother of the petitioner. b) Petitioner shall deposit Rs.3,500/- (Rupees Three thousand five hundred only) in his name in a nationalised bank for a period of two years (renewable as per the order of the learned magistrate) and produce the FD receipt before the learned magistrate while Bail Appl. No. 2234 of 2014 3 executing the bail bond. c) In case compensation is awarded to the de facto complainant and the petitioner is made liable, such compensation to the extent possible could be realised from the amount in deposit. d) Petitioner shall report to the Investigating Officer on every Saturday between 10:00 a.m. and 12:00 p.m. until filing of the final report. e) Petitioner shall report to the investigating officer as and when required for interrogation. f) Petitioner shall not get involved in any offence during the period of this bail. g) Petitioner shall not intimidate/influence the witnesses. h) It is made clear that in case any of condition Nos. (d) to (g) is violated, it is open to the Investigating Officer to seek Bail Appl. No. 2234 of 2014 4 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). Sd/- THOMAS P. JOSEPH JUDGE / True Copy / NS P.A. To Judge