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. 5703 of 2009() ------------------------------------- CMP.2348/2009 of J.M.F.C.,PARAPPANANGADI CRIME NO.508/2008 OF TIRURANGADI POLICE STATION, MALAPPURAM. .................... PETITIONER/PETITIONER/ACCUSED NO.3: ----------------------------------------------------------- ASKARALI AGED 32 YEARS,S/O.MOHAMMED, RESIDING AT KUNNATHUPADICKAL HOUSE, KAZHAMBU CHIRAN P.O., SULTHAN BATHERY, WAYANAD DISTRICT. BY ADV. SRI.A.T.ANILKUMAR SRI.A.V.JAMES SRI.P.DALBI EMMANUEL RESPONDENT/RESPONDENT/COMPLAINANT: ---------------------------------------------------------------------- THE STATE OF KERALA, REP.PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REP.BY THE CIRCLE INSPECTOR, TIRURANGADI POLICE STATION IN CRIME NO.508/2008. SRI. TEKCHAND, PUBLIC PROSECUTOR 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. 5703 of 2009 ------------------------------------ Dated this the 12th 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 accused No.3 in Crime No.508/2008 of Tirurangadi Police Station, Malappuram. 2. The offences alleged against the petitioner are under Sections 379 and 411 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that the accused persons committed theft of Ashok Leyland lorry. The lorry was sold to Venkitesh @ Sakthivel, who is also an accused in the case. The petitioner was arrested on 26/8/2009. It is stated that the petitioner is involved in several other cases in Mannarkkad, Ollur and Chalakudy, where the offence alleged is similar in nature. It is stated that accused Nos.4 and 5 were released on bail. 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 investigation, I am of the view that bail can be granted to the B.A. No. 5703/2009 2 petitioner. 5. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Parappanangadi subject to the following conditions:- A) The petitioner shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all Tuesdays and Saturdays, 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 scm