IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 Bail Appl..No. 3504 of 2010() ------------------------------------ CRIME NO.188/2009 OF MARAD POLICE STATION, KOZHIKODE DISTRICT. ........... PETITIONER/ACCUSED -------------------------------------- ABDUL MUTHALIB @ MITHU, AGED 28 YEARS, S/O. ALI, PALANCHERI MEETHAL HOUSE, KUTTIKKATTOR P.O., ANAKUZHIKKARA, KOZHIKODE TALUK. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE MARAD, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.HEMA, J. ------------------ B.A. No. 3504 of 2010 ------------------------------------ Dated this the 11th day of June, 2010 O R D E R Petition for bail. 2. The alleged offence is under Section 379 of the Indian Penal Code. According to prosecution, petitioner was committed theft of one motor bike worth Rs. 23,000/- from the car porch of the house of de facto complainant on 30.08.2009. 3. Petitioner was arrested on 09.02.2010. Recovery is over and charge sheet is laid. Petitioner is in custody for the past 129 days. 4. Learned Public Prosecutor pointed out that petitioner is involved in three more cases of similar nature. However, petitioner's counsel submitted that petitioner is in bail in all the other cases. Petition is not opposed, but stringent conditions may be imposed, it is submitted. 4. On hearing both sides, I am satisfied that bail can be granted on conditions. Hence the following order is passed: Petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent B.A. No. 3504 of 2010 2 sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: i) Petitioner shall appear before the Investigating Officer on every Monday, Wednesday and Saturday, between 10 A.M. and 1 P.M., for a period of three months. ii) Petitioner shall not influence or intimidate any witness or tamper with the evidence. iii) In case, petitioner is involved in any similar offence, bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE ln