IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 Bail Appl..No. 7872 of 2008(B) ------------------------------------- CMP.6511/2008 of J.M.F.C., KAYAMKULAM CRIME NO.960/2008 OF KAYAMKULAM POLICE STATION .................... PETITIONER/1ST ACCUSED : ---------------------------------- SHAJAHAN @ SHAJI, S/O. EBRAHIMKUTTY, AMMELIL, KIZHAKKATHIL VEEDU, EAST OF MOOLASSERIL TEMPLE, KEERIKKAD THEKKUM MURI, KEERIKKAD VILLAGE FROM AROOR, KIZHAKKATHIL VEEDU,PRAYAR THEKKUM MURI, KALAPPANA VILLAGE. BY ADV. SRI.T.S.HARIKUMAR RESPONDENTS : ------------------- 1. STATE OF KERALA, REP. BY ITS DIRECTOR OF PROSECUTIIONS, HIGH COURT OF KERALA, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, POLICE STATION, KAYAMKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.7872 OF 2008 ------------------------------ Dated this the 21st day of January, 2009 O R D E R This petition is for bail. 2. The alleged offences are under Sections 457, 461, 380 read with 34 of I.P.C. According to prosecution, petitioner along with second accused committed theft of 42 gms. of gold ornaments and a mobile phone and Rs.40,000/-. 3. Petitioner (first accused) was arrested on 01.12.2008 and remanded to judicial custody. Learned counsel for petitioner submitted that charge sheet is submitted on 15.12.2008. 4. Learned Public Prosecutor submitted that petitioner's detention is not required for the purpose of investigation. Hence, this petition is not opposed. However, it is pointed out that petitioner is involved in 7 other cases and hence, stringent conditions may be imposed while granting bail. Learned counsel for petitioner submitted that out of the 7 cases, petitioner is acquitted in 4 cases, in which trial is over. B.A.No.7872 of 2008 2 On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. Hence, the following order is passed : Petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for like sum to the satisfaction of the Magistrate court concerned on the following conditions : (i) Petitioner shall report before 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 commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE pac