Arun Chandran v. Sub Inspector Of Police

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 7TH DAY OF SEPTEMBER 2015/16TH BHADRA, 1937 Bail Appl..No. 5303 of 2015 ------------------------------- CRIME NO. 1304/2015 OF KOTHAMANGALAM POLICE STATION, ERNAKULAM DISTRICT.

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PETITIONER/ACCUSED NO.2:

------------------------------------------ ARUN CHANDRAN, AGED 31 YEARS, S/O.CHANDRAN, KUNNUMMEL HOUSE, NELLIKUZHI P.O, KOTHAMANGALAM, ERNAKULAM.

BY ADV. SRI.S.DHEERENDRAKUMAR RESPONDENT/COMPLAINANT:

------------------------------------------- SUB - INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION, ERNAKULAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 31.

BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

A. HARIPRASAD, J.

==================== B.A.No.5303 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of September, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioner is the 2nd accused in Crime No. 1304 of 2015 of Kothamangalam Police Station, registered for offences punishable under Sections 364(A) and 395 of the Indian Penal Code.

3.

Prosecution case in short is that accused 1 to 5 with an intention to commit dacoity called the de facto complainant to a place on 24.07.2015, at 3.15 p.m. and they robbed a gold ring and Rs.10,000/- belonging to the de facto complainant. Apart from that a costly mobile phone was also forcibly taken. Petitioner pleaded innocence.

4.

Heard both sides.

5.

Learned counsel for the petitioner and learned Public Prosecutor submitted that in respect of another accused in the same crime, this Court granted bail as per order on Bail Application No. 5359 of 2015 dt. 02.09.2015.

Considering the stage of investigation and the nature of offences, I find that bail can be granted to the petitioner with following conditions:

1)The petitioner shall be released on bail on his

B.A.No. 5303 of 2015 -: 2 :- executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Judicial First Class Magistrate Court-I, Kothamangalam.

2)The sureties shall produce documents to reveal their identity and solvency. The learned trial Judge need not insist on solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not.

3)The petitioner shall appear before the Investigating Officer on all Sundays between 10 a.m and 11 a.m. until the final report is filed.

4)The petitioner shall not indulge in any offence while on bail.

5)The petitioner shall not influence or intimidate the witnesses or meddle with the investigation in any manner.

If any of the above conditions is breached by the petition, the learned Magistrate is free to cancel the bail without referring the matter to this Court.

Sd/- A. HARIPRASAD, JUDGE DST //True copy// P.A. To Judge