IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 Bail Appl..No. 5825 of 2009() ----------------------------- CRIME NO.531/2009 OF CHADAYAMANGALAM POLICE STATION .................... PETITIONER/5TH ACCUSED ------------------------------------------ MAHESH KUMAR,S/O.NADARAJAN, THAMASSERIYIL VEEDU,KOTTUKKAL JUNCTION, KOTTUKKAL MURI,KOTTUKKAL VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP.THE S.I.OF POLICE, CHADAYAMANGALAM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5825 of 2009 --------------------------------------------- Dated this the 12th day of October, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.5 in Crime No.531 of 2009 of Chadayamangalam Police Station. 2. The offences alleged against the petitioner are under Sections 457, 380 and 411 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 4.4.2009, the accused persons committed theft of 4 finished doors, 2 unfinished doors and 4 wooden planks from the house under construction belonging to the defacto complainant. The petitioner was arrested on 4.8.2009 in connection with Crime No.526 of 2009 in another theft case and his formal arrest was recorded in the present case on 14.8.2009. 4. 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 BA No.58252009 2 investigation, I am of the view that bail can be granted to the petitioner. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Kottarakara, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday and Thursday, 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 csl