IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931 Bail Appl..No. 7119 of 2009() ----------------------------- CRIME NO.344/09 OF PARASSALA POLICE STATION .................... PETITIONER : ACCUSED NO.2 ------------------------------ ABHILASH, S/O.GEORGE, AGED 24 YEARS, B.G.BHAVAN, KAVUVILA, KADAVATTARAM DESOM, NEYYATTINKARA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. THE SUB INSPECTOR OF POLICE, PARASSALA POLICE STATION, TVM. DISTRICT. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7119 OF 2009 ------------------------------------------------------ Dated this the 17th day of December, 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 second accused in C.R.No.344 of 2009 of Parasala 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 between 10.10 PM on 24.6.2009 and 8 AM on 25.6.2009, the door of the Amaravila Excise Range was broke open by some persons and they committed theft of 296 litres of spirit which was kept in the office as thondi in Crime Nos.40 of 2009 and 92 of 2008. 4. The petitioner was arrested on 15.10.2009 and he was remanded to judicial custody on 16.10.2009. B.A. NO. 7119 OF 2009 :: 2 :: 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. 6. 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 – III, 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 and Thursdays, 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 ahz/