IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 Bail Appl..No. 6006 of 2009() ------------------------------------- CRIME NO. 678/2008 OF OLLUR POLICE STATION .................... PETITIONER/ACCUSED: ----------------------------------- AMAR SINGH, S/O. ANIL SINGH, JAYAKRISHNAPUR, WEST BENGAL, KOLKATTA. BY ADVS. SRI.V.V.ASOKAN & SRI.MAHESH V.MENON RESPONDENT: -------------------- STATE OF KERALA, (SHO, OLLUR POLICE STATION, THRISSUR) REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ln K.T. SANKARAN, J. --------------------------- B.A. No. 6006 of 2009 ------------------------------------ Dated this the 19th day of October, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.678/2008 of Ollur Police Station, Thrissur. 2. The offences alleged against the petitioner are under Sections 408 and 420 of the Indian Penal Code. 3. The gist of the prosecution case is the following: The accused is an employee of the defacto complainant. The defacto complainant runs a jewellery. There is a workshop, in which, more than 20 persons are employed. Jewellery is being made in that workshop. The petitioner belongs to West Bengal. There are 20 employees belong to West Bengal in the workshop. On 16/9/2008, a quantity of 160 gms of gold was entrusted with the petitioner for making jewellery items. He was directed to make the jewellery on or before 20/10/2008. The petitioner did not return the gold or make the jewellery. On 19/10/2008 onwards, he was found missing. 4. The petitioner was arrested on 4/8/2009 and he was B.A. No. 6006/2009 2 remanded to judicial custody. 5. The learned Public Prosecutor submitted that final report was filed in this case on 19/8/2009. The petitioner moved an application for bail before the learned Sessions Judge. That application was dismissed as per the order dated 22/9/2009. The main reason for dismissing the application was that the petitioner belongs to West Bengal and if he is released on bail, he would not be present at the time of trial. 6. The learned counsel for the petitioner submitted that local persons owning immovable property in the State of Kerala can be offered as sureties. 7. 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. 8. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties, who own immovable properties in the State of Kerala, each for the like B.A. No. 6006/2009 3 amount to the satisfaction of the Judicial Magistrate of the First Class-III, Thrissur subject to the following conditions:- A) The petitioner shall report before the Station House officer, Ollur Police Station on all Mondays between 9 A.M and 11A.M until further orders. B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. D) 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. The title deeds in respect of the immovable properties of the sureties shall be produced before the learned Magistrate for perusal. K.T. SANKARAN, JUDGE scm