IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 31ST OCTOBER 2011 / 9TH KARTHIKA 1933 Bail Appl..No. 8806 of 2011() ----------------------------- AGAINST THE ORDER DATED 18/10/2011 IN ORDER IN CMP.8194/2011 of J.M.F.C.-II,NEYYATTINKARA CRIME NO.1114/2011 OF PARASSALA POLICE STATION .................... PETITIONER/ACCUSED : ---------------------- PRASAD, S/O.RAVI, KULLATHUVILA VEEDU, INCHIVILA, PARASSALA DESOM, PARASSALA VILLAGE. BY ADV. SRI.E.D.GEORGE RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, PARASSALA POLICE STATION. PUBLIC PROSECUTOR SRI.T.K.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8806 of 2011 ---------------------------------------------- Dated this the 31st day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.1114 of 2011 of Parassala Police Station. 2. The offences alleged against the petitioner are under Sections 406 and 420 of the Indian Penal Code. 3. The prosecution case is that on 18/07/2011, the accused took a Tavera Car from the de facto complainant on daily rent of Rupees Two thousand for a period of six days. The allegation is that after six days the car was not returned and the money was not paid. 4. The petitioner was arrested on 16/10/2011 and he was remanded to judicial custody. 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 offences and the present stage of investigation, I am of the view that bail can be granted to the petitioner. Bail Appln.No.8806/2011 : 2 : 6. The petitioner shall be released on bail on his executing bond for `25,000/-(Rupees Twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Neyyattinkara, 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. 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 skj