JOBIN CLINNY Vs. STATE OF KERALA

JUDGEMENT

(1.) THE 5th accused in Crime No. 431/2009 of Kollam East police Station alleging commission of offences punishable under section 402 IPC is the petitioner herein. The case of the prosecution is that on 21. 4. 2009 at 11. 30 am the Sub Inspector of that police station found a group of people, including the petitioner herein, engaged in conversation near the railway compound at karbala junction. According to him, on being questioned, they could not give satisfactory and cogent answers. Based on suspicion created in the said circumstances, they were taken into custody. When produced before the learned Magistrate, they were remanded into custody. Accordingly, the petitioner, who is the 5th accused therein, is in judicial custody since 22. 4. 2009. His application for bail was dismissed by the learned Magistrate as is evident from Annexure-A1. It was in the said circumstances that the present application has been filed by the petitioner seeking regular bail.

(2.) I have heard the counsel for the petitioner as also the learned Public Prosecutor. The learned Public Prosecutor submitted that final report has been laid in this case on 25. 4. 2009. Considering the said circumstances and the fact that the petitioner, who is the 5th accused, has been under judicial custody since 22. 4. 2009, I think he can be enlarged on bail with stringent conditions.

(3.) IN such circumstances, the application is allowed with the following conditions.