IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 Bail Appl..No. 7416 of 2008() ----------------------------- CRIME NO. 1730/2008 OF E.T.NORTH POLICE STATION, ERNAKULAM PETITIONERS/ ACCUSED ---------------------------------------- 1. THYGARAJAN @ ALEX, AGED 38, S/O.PALPANYAN, OTTUPURAYIL THERUVU, VALASSERY.PO,NAGARCOIL, TAMILNADU DISTRICT, KANYAKUMARI. 2. HUSSAIN, AGED 39, S/O.MAJEED, MANAPPATTIPARAMBU, PURAMPAKKIL, KALOOR DESOM, ERNAKULAM. BY ADV. SRI.DHANESH MATHEW MANJOORAN RESPONDENT(S): COMPLAINANT/ STATE --------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7416 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of December,2008 O R D E R Petition for bail. 2. The alleged offences are under sections 457, 380 read with section 34 IPC. According to prosecution, petitioners who are accused 1 and 2 in furtherance of common intention committed theft of a brass lamp from a chapel. 3. Petitioners were arrested on 24-10-2008 and they are in custody since then. Learned Public Prosecutor submitted that recovery is already effected and for the purpose of investigation petitioners' further detention is not required. Learned Public Prosecutor also submitted that as far as the 1st accused is concerned, he hails from Tamil Nadu and if he is granted bail, he will not be available for trial. Hence, stringent conditions may be imposed while granting bail, it is submitted. 4. On hearing both sides, I am satisfied that bail can be granted to petitioners on stringent conditions. Hence, the following order is passed:- BA 7416/08 -2- 1) Petitioners shall be released on bail on their executing a bond for Rs.50,000/- each with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate, on the following conditions:- i) Petitioners shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. ii) Petitioners shall not leave the limits of the police station within which the crime is registered except with the prior permission of the learned Magistrate. iii) Petitioners shall not intimidate or influence any witness or tamper with evidence or commit any offence while on BA 7416/08 -3- bail and in case breach of this condition, bail is liable to be cancelled. This petition is allowed. K.HEMA, JUDGE. mn.