IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 Bail Appl..No. 6471 of 2008() ----------------------------- CRIME NO. 812./2008 OF HARBOUR POLICE STATION PETITIONER (S): -------------------- JAGADISH, AGED 26 YEARS, S/O. MARIYA JOHN, 183 J-1, RAMESWARAM, RAMESWARAM (TGT), RAMANTHAPURAM, PIN - 623526. BY ADV. SRI.P.A.MUJEEB RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA, REP. BY S.I OF POLICE HARBOUR POLICE STATION. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6471 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of October,2008 O R D E R Petition for bail. 2. The alleged offences are under section 379 read with section 34 IPC. According to prosecution, petitioner (A2) along with 1st accused committed theft of a fishing boat, which was kept at the fishing harbour. Petitioner was arrested on 27-8-2008 and he is in custody since then. 3. Learned Public Prosecutor submitted that petitioner is not a native of Kerala. He hails from Tamil Nadu and it is likely that he will abscond. Therefore, bail may not be granted. It is also submitted that charge-sheet has been laid. 4. On hearing both sides, I am satisfied that petitioner is not required for investigation. At the same time, it is likely that petitioner may not be available, if he is granted bail. But, there is no reason to refuse bail. Conditions can be imposed to ensure that he will be available for trial. Hence, bail is granted to the petitioner on the following terms and conditions:- 1) Petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the learned BA 6471/08 -2- Magistrate. The sureties shall be local sureties and the learned Magistrate shall explain the consequences of breach of condition to the sureties personally. 2) Petitioner shall report before the Investigating Officer on every alternate day between 5 p.m. and 8 p.m. until further orders. 3) Petitioner shall not leave the limits of the police station within which the crime is registered until the trial is over, except with the prior permission of the learned Magistrate. 4) Petitioner shall not commit any offence while on bail and in case breach of this condition, bail is liable to be cancelled. This petition is allowed. K.HEMA, JUDGE. mn.