IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 26TH OCTOBER 2009 / 4TH KARTHIKA 1931 Bail Appl..No. 6005 of 2009() ------------------------------------------ CRIME NO.1655/2008 OF TOWN NORTH POLICE STATION, ERNAKULAM. PETITIONER/A2: ------------------------- SHANAVAS, S/O.MOIDU, THEKKEPURATHU HOUSE, PALAPPETTY P.O., MALAPPURAM DISTRICT. BY ADV. SRI.P.K.VARGHESE RESPONDENT/COMPLAINANT: ------------------------------------------------ STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. SRI.TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6005 of 2009 ------------------------------------ Dated this the 26th 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.2 in Crime No. 1655/2008 of Town North Police Station, Ernakulam. 2. The offences alleged against the petitioner are under Sections 414, 457, 461 and 380 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that the first accused committed theft of 38.750gms of gold and Rs.11,000/- from the house of the de facto complainant on 15/10/2008. The investigation revealed that the second accused assisted the first accused in concealing the stolen articles. The second accused was arrested in connection with Crime No.1994/2009 of Central Police Station and his formal arrest was recorded in the present case on 9/9/2009. 4. The learned Public Prosecutor submitted that after completing the investigation, charge was laid in the case on 30/9/2009. B.A. No. 6005 / 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 also the fact that charge was laid in the case, 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.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Ernakulam subject to the following conditions:- A) The petitioner shall appear before the Station House Officer, Town North Police Station, Ernakulam between 9 A.M. and 11 A.M. on all alternate Mondays, until further orders. B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. D) 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