IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931 Bail Appl..No. 6748 of 2009() ------------------------------------ CRIME NO.263/2009 OF THAMPANOOR POLICE STATION, THIRUVANANTHAPURAM. .................... PETITIONER/1ST ACCUSED: -------------------------------------- SATHEESH KUMAR, AGED 44 YEARS, S/O.MADHAVAN PILLAI, MADURI ELAKOM LANE, NEDUNGADU, KARAMANA, THIRUVANANTHAPURAM. BY ADV. SRI.S.RAJEEV RESPONDENT/STATE: ---------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.263 OF 2009 OF THAMPANOOR POLICE STATION, THIRUVANANTHAPURAM). SRI. P.A.SALIM, PUBLIC PROSECUTOR. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6748 of 2009 ------------------------------------ Dated this the 18th day of November, 2009 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.1 in Crime No.263/2009 of Thampanoor Police Station. 2. The offences alleged against the petitioner are under Sections 409 and 420 of the Indian Penal Code. 3. The defacto complainant is the brother of the petitioner. The allegation is that the accused misused the cheques given by the defacto complainant to his mother and withdrawn huge amounts from the account of the defacto complainant and thus caused a loss of Rs.13, 84,000/- to the defacto complainant. The petitioner was arrested on 19/9/2009 and he was remanded to judicial custody. 4. The learned Sessions Judge dismissed the Bail Application filed by the petitioner as per the order dated 27/10/2009. It was brought out that the petitioner is involved in two other cases, one of which relates to an offence under Section 376 of the Indian Penal Code and other relates to an B.A. No. 6748/ 2009 2 offence under Section 307 of the Indian Penal Code. It was also noticed that the offence in the present case was committed while the petitioner was on bail in the other two cases. 5. The learned counsel for the petitioner submits that the petitioner undertakes not to commit any offence of similar nature while on bail in the present case. This undertaking is recorded. 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 offence and also the undertaking, I am of the view that bail can be granted to the petitioner on stringent conditions. 7. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-III, Thiruvananthapuram 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 two months and thereafter on every Monday, till the final report is filed or until further orders. B.A. No. 6748/ 2009 3 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 scm