IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 Bail Appl..No. 1036 of 2010 CRIME NO.62 OF 2010 OF KADAKKAL POLICE STATION, KOLLAM DISTRICT PETITIONERS/ACCUSED NOS.2,3 & 4: --------------------------------------- 1. KABEER, AGED 49 YEARS, S/O.MOHAMMED HANEEFA, RAJEEB MANZIL, NALUMUKKU, CHIRAVOOR MURI, CHITHARA VILLAGE, (FROM SHAN MANZIL, ANAKUDY MURI, PANGODU VILLAGE), KOLLAM DISTRICT. 2. BABU NAIR, AGED 39 YEARS, S/O.MADHAVAN PILLAI, KUNNIL VEEDU, AYIRAVALLY, KILITHATTU, CHIRAVOOR MURI, CHITHARA VILLAGE, KOLLAM DISTRICT. 3. DEVETTAN, AGED 52 YEARS, S/O.DEVADASAN, RAHUL BHAVAN, KURAKKOTTU, CHITHARA VILLAGE, KOLLAM DISTRICT. CORRECTED AS DEVADASAN @ DEVETTAN, S/O.SADANANDAN, RAHUL BHAVAN, KURAKKOTTU, CHIRAVOOUR MURI, CHITHARA VILLAGE, KOLLAM DISTRICT. NAME OF THE THIRD PETITIONER IS CORRECTED AS DEVADASAN @ DEVETTAN AS PER THE ORDER DATED 24/02/2010 IN CRL.M.A.NO.933 OF 2010 IN B.A.NO.1036 OF 2010. BY ADV. SRI.C.RAJENDRAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE S.I. OF POLICE, KADAKKAL POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1036 OF 2010 ------------------------------------------------------ Dated this the 24th day of February, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.2,3 and 4 in Crime No.62 of 2010 of Kadakkal Police Station, Kollam District. 2. The offences alleged against the petitioners are under Sections 380 and 457 of the Indian Penal Code. 3. The prosecution case is that in August 2009, 157 numbers of rubber sheets were stolen from the shed in a rubber estate belonging to one Hajira Beevi. The First Information Report was lodged on 12.1.2010. 4. The first accused was arrested in connection with Crime No.55 of 2010 of Kadakkal Police Station. On the disclosure made by the first accused, the details of the theft in the present case were made out and accordingly, the present crime was registered. The B.A. NO. 1036 OF 2010 :: 2 :: petitioners were arrested on 13.1.2010 and they were remanded to judicial custody. 5. The learned Public Prosecutor submitted that accused Nos.2 and 4 are involved in Crime No.63 of 2010 of Kadakkal Police Station, in which, the offence alleged is theft of rubber sheets. It is also submitted by the learned Public Prosecutor that, after completing investigation, charge sheet was filed on 30.1.2010. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the fact that charge sheet was filed in the case, I am of the view that bail can be granted to the petitioners on stringent conditions. 7. The petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Kottarakkara, subject to the following conditions: B.A. NO. 1036 OF 2010 :: 3 :: a) The petitioners shall report before the Station House Officer, Kadakkal Police Station between 9 A.M. and 11 A.M. on alternate Mondays until further orders; b) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioners 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 ahz/