IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 Bail Appl..No. 8857 of 2011() ----------------------------- CRIME NO.1015/2011 OF PUTHOOR POLICE STATION, KOLLAM DT. .................... PETITIONER (S): 2ND ACCUSED ------------------------------- SUNEESH, AGED 26 YEARS, S/O.SUBHAYYA, PALAVILLA THEKKATHIL, NILESHWARAM, KOTTARAKARA. BY ADV. SRI.T.T.RAKESH RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING SUB INSPECTOR PUTHOOR POLICE STATION. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8857 of 2011 --------------------------- Dated this the 2nd day of November, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.1015 of 2011 of Puthoor Police Station. 2. The offences alleged against the petitioner are under Sections 457 and 380 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 2.10.2011, the accused committed theft of rubber sheets worth ` 2,800/- from the smoke house in the property of the de facto complainant. The petitioner was arrested on 4.10.2011 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in Crime No.890 of 2011 of Puthoor Police BA 8857/11 2 Station where the offences alleged is of the same nature. 5. 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 with effect from 14.11.2011. The petitioner shall be released on bail only on 14.11.2011 on his executing bond for ` 25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kottarakkara, 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, 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 try to influence the prosecution witnesses or tamper with the evidence; BA 8857/11 3 D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T.SANKARAN JUDGE csl