IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 Bail Appl..No. 6153 of 2009 CRIME NO.298 OF 2008 OF KAZHAKUTTOM POLICE STATION PETITIONER/4TH ACCUSED (IN CUSTODY) ------------------------------------------------------- RAJESH, S/O.RAJENDRAN, MANAKKATTU VEEDU, PANACHAMOODU, STATION KADAVU, ATTIPARA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.M.DINESH RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/11/2009, ALONG WITH BA NO.6255 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NOS.6153 & 6255 OF 2009 ------------------------------------------------------ Dated this the 10th day of November,2009 O R D E R These Bail Applications are filed by accused No.4 in Crime No.298 of 2008 of Kazhakuttom Police Station, who is also the third accused in Crime No.56 of 2008 of Kazhakuttom Police Station, under Section 439 of the Code of Criminal Procedure. 2. The offences alleged against the petitioner in Crime No.298 of 2008 are under Sections 380 and 457 read with Section 34 of the Indian Penal Code. The offences alleged in Crime No.56 of 2008 are under Sections 380, 457 and 461 read with Section 34 of the Indian Penal Code. 3. The prosecution case in Crime No.298 of 2008 is that on 3.9.2008, the accused persons, seven in number, committed theft of a handicam and Laptop computer from Bio-Infomatics Centre of the Kerala University at Kariyavattom, Thiruvananthapuram. The allegation in Crime No.56 of 2008 is that the accused persons B.A. NOS.6153 & 6255 OF 2009 :: 2 :: committed theft of a digital camera and Rs.22,360/- from the same place between 15.2.2008 and 16.2.2008. 4. The petitioner was arrested on 23.9.2009 in Crime No.298 of 2008. His formal arrest was recorded in Crime No.56 of 2008 on 15.10.2009. 5. Learned counsel for the petitioner submitted that the petitioner is suffering from acute psychosis. A certificate issued by a Consultant Psychiatrist dated 3.7.2009, showing that the petitioner was admitted in the hospital on 20.6.2009 and he was under treatment till 3.7.2009, is produced along with a memo dated 9.11.2009. It is also submitted that the petitioner is continuing his treatment for the disease. Learned Public Prosecutor submitted that the case of illness put forward by the petitioner is not fully correct. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. B.A. NOS.6153 & 6255 OF 2009 :: 3 :: 7. The petitioner shall be released on bail on his executing bond for Rs.25,000/- in each case with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – II, Attingal, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not leave the limits of Thiruvananthapuram District without prior intimation in writing to the investigating officer. d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; f) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Applications are allowed as above. (K.T.SANKARAN) Judge ahz/