IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 29TH JULY 2011 / 7TH SRAVANA 1933 Bail Appl..No. 6044 of 2011 CRIME NO.1190 OF 2011 OF NEYYATTINKARA POLICE STATION PETITIONER/ACCUSED 3 ---------------------------------------- KUMAR, S/O.RAJAN, AGED 37 YEARS, REVATHI, SANTHIPURAM, THALAYAL DESOM, ATHIYANNOOR VILLAGE. BY ADV. SRI.S.RAJEEV RESPONDENT: STATE -------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (CRIME NO. 1190/2011 OF NEYYATTINKARA POLICE STATION, THIRUVANANTHAPURAM DISTRICT). PUBLIC PROSECUTOR SRI.JAYASOORYA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6044 OF 2011 E ------------------------------------------------------ Dated this the 29th day of July, 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.1190 of 2011 of Neyyattinkara Police Station, Thiruvananthapuram District. 2. The offence alleged against the accused is under Section 379 read with Section 34 of the Indian Penal Code. 3. The prosecution case is the following: The sand seized by the police, on the ground that there was illegal mining of sand, was kept in the property of accused No.2. Crime No.1099 of 2011 was registered in respect of the illegal sand mining. The prosecution case in the present case is that the sand so kept by the police in the property of accused No.2 was stolen by the accused in the present case. 4. The petitioner was arrested on 16.7.2011 and he was remanded to judicial custody. It is submitted that the petitioner is the driver of the lorry in which the sand was removed. BAIL APPL. NO.6044 OF 2011 :: 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 the present stage of investigation, 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 Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class I, Neyyattinkara, 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/