IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 Bail Appl..No. 2054 of 2010() --------------------------------- CMP.1202/2010 of J.M.F.C.-II,HOSDRUG CRIME NO. 1/2010 OF VELLARIKUNDU POLICE STATION .................... PETITIONER/ACCUSED NO.3 : ---------------------------------- MUHAMMAD SHERIF @ SHERIF, AGED 25 YEARS, S/O. P.C.KUNHALI @ ALI, ARALAMKANDAM, KUNNAMKAI, BEEMANADY VILLAGE, KASARGODE DISTRICT. BY ADV. SRI.JAWAHAR JOSE RESPONDENT/STATE : -------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY SRI. C.M. KAMMAPPU PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. ------------------------ B.A. No. 2054 of 2010 ------------------------------------ Dated this the 7th day of April, 2010 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. 1/2010 of Vellarikundu Police Station. 2. The offences alleged against the petitioner are under Sections 457 and 380 of the Indian Penal Code. 3. The prosecution case is that on 01.01.2010 at midnight, the accused persons committed theft of 12 Mobile Phones from the shop run by the de facto complainant. The petitioner was arrested on 12.03.2010. 4. The learned Public Prosecutor submitted that after completing the investigation, final report was filed in the case on 29.03.2010. 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 final report was filed in the case, I am of the view that bail can be granted to the petitioner. B.A. No. 2054 of 2010 2 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-II, Hosdurg subject to the following conditions:- A) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. B) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. C) 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 ln