IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 Bail Appl..No. 9864 of 2011( CRIME NO.865 OF 2011 OF PUTHOOR POLICE STATION, KOLLAM PETITIONER/ACCUSED NO.3 ------------------------------------------- BABU VARGHESE, AGED 34 YEARS, S/O. CHARUVILA PUTHEN VEEDU. S.N.PURAM, PAVITHRESWARAM VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.M.L.SURESH KUMAR RESPONDENT: STATE -------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9864 OF 2011 ------------------------------------------------------ Dated this the 3rd day of December, 2011 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.865 of 2011 of Puthoor Police Station, Kollam District. 2. The offences alleged against the accused are under Sections 451, 380, 294(b) and 427 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 22.8.2011 at 9 A.M., the petitioner, who is a neighbour of the defacto complainant, trespassed into the house of the defacto complainant, broke open the door of the house and took away Rupees Ten thousand from the almirah. He also destroyed the household articles. The petitioner was arrested on 15.10.2011 and he was remanded to judicial custody. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, BAIL APPL. NO.9864 OF 2011 :: 2 :: the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. 5. The petitioner shall be released on bail on his executing bond for Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class I, Kottarakkara, 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, 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/