IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 Bail Appl..No. 8698 of 2011() ----------------------------- CRMP.7423/2011 of J.M.F.C.,CHAVAKKAD CRIME NO.883/2011 OF VATANAPPILLY POLICE STATION .................... PETITIONER/2ND ACCUSED : -------------------------- BIMAL BOSE, S/O.CHANDRA BOSE, KANAKKATTUSERY, VEEDU, MULAVUKAD, PONNARIMANGALAM VILLAGE, ERNAKULAM. BY ADV. SRI.V.A.PRADEEP KUMAR SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, VATANAPPILLY. PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8698 of 2011 ---------------------------------------------- Dated this the 16th day of November, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.883 of 2011 of Vatanappilly Police Station. 2. The offences alleged against the petitioner are under Sections 406 and 420 of the Indian Penal Code. 3. The prosecution case is the following:- On 19/09/2011 at about 11 P.M., the accused persons, five in number, were found by the police in suspicious circumstance in an Alto car. On seeing the police, accused No.5 ran away. It was revealed that accused No.1 took the car on rent from the registered owner of the vehicle and brought the car to Valappad in Thrissur District in order to pledge the same with the help of accused No.5 for unlawful gain and to cause loss to the registered owner. 4. The petitioner was arrested on 19/09/2011 and he was remanded to judicial custody. Bail Appln.No.8698/2011 : 2 : 5. The learned Public Prosecutor submitted that the petitioner is involved in three other cases. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offences and the present stage of investigation, I am of the view that bail can be granted to the petitioner. 7. The petitioner shall be released on bail on his executing bond for `25,000/-(Rupees Twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Chavakkad, 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 and Thursdays for a period of one Month and thereafter on 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; Bail Appln.No.8698/2011 : 3 : 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 skj