ASAD AHAMMED KUTTY Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) THIS is an application for regular bail filed by the 5th accused in S. C. No. 277 of 2007 on the file of the Additional assistant Sessions Judge-III, Kozhikode. The allegation is that he has committed offences punishable under Sections 395, 419, 120 (b), 471, 468 read with Section 34 of the Indian Penal code.

(2.) THE case of the prosecution is that the petitioner and other accused persons trespassed into the house where the de facto complainant and 15 others were playing cards disguising themselves as police officers and committed robbery of Rs. 4. 5 lakhs by impersonation. Petitioner was arrested in connection with the crime and he was released on bail. The said case was later committed to the Sessions Court and was made over to the Additional Assistant Sessions Judge-III, kozhikode and now it is pending there as S. C. No. 277 of 2007. That court earlier granted bail to the petitioner, but a non bailable warrant was issued on the ground that he did not appear before that Court when summons was issued to him. However, it is a fact that the petitioner was in jail in connection with another case and, therefore, it could not be legally said that the petitioner had failed to appear before the court on receipt of summons.

(3.) CONSIDERING the circumstances and the fact that the petitioner is in judicial custody since 1. 4. 2009 and that he was earlier enlarged on bail by the Court, I think the petitioner can be enlarged on bail on conditions: