IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 18TH JULY 2011 / 27TH ASHADHA 1933 Bail Appl..No. 5659 of 2011() ----------------------------- CRMP.2143/2011 of DISTRICT COURT, KOTTAYAM CRMP.3644/2011 of J.M.F.C.,KOTTAYAM CRIME NO.289/2011 OF PAMPADY POLICE STATION KOTTAYAM DISTRICT .................... PETITIONER/2ND ACCUSED ------------------------ RAJEEV M.S., AGED 29 YEARS, S/O.SEKHARAN, MALLOOR HOUSE, VATTAKKUNNU P.O., PAMPADY VILLAGE, MEENADOM KARA, KOTTAYAM DISTRICT. BY ADV. SRI.RAJAGOPAL PADIPPURACKAL RESPONDENTS: COMPLAINANT -------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, PAMPADY POLICE STATION, PAMPADY, KOTTAYAM DISTRICT. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5659 of 2011 ---------------------------------------------- Dated this the 18th day of July, 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.289 of 2011 of Pampady Police Station, Kottayam District. 2. The offences alleged against the petitioner are under Sections 379 and 414 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 12th April, 2010, the accused Nos.1 and 2 committed theft of an empty gas cylinder kept on the road side and with the help of the 3rd accused sold the gas cylinder. 4. The petitioner was arrested on 21/06/2011 and he was remanded to judicial custody. The learned Public Prosecutor submitted that the petitioner is involved in theft cases of similar nature. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the Bail Appln.No.5659/2011 : 2 : 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 on stringent conditions. 6. 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-I, Kottayam, subject to the following conditions: A) The petitioner shall not leave the limits of Pampady Police Station for a period of two months. B) 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; C) The petitioner shall appear before the investigating officer for interrogation as and when required; D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. Bail Appln.No.5659/2011 : 3 : E) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. F) 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. Sd/- K.T.SANKARAN, JUDGE skj True copy P.A. to judge