IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 19TH MAY 2010 / 29TH VAISAKHA 1932 Bail Appl..No. 2953 of 2010() ---------------------------------- CRIME NO. 453/2010 OF PANANGADU POLICE STATION .................... PETITIONER/ACCUSED : ------------------------------ PRAMOD KUMAR SAH, S/O.AMOLI SAH, AGED 27 YEARS, MACHAHA VILLAGE, KUSHAHA P.O., SUPAUL DISTRICT, BIHAR. BY ADV. SRI.S.RAJEEV RESPONDENT/COMPLAINANT: ----------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.453/2010 OF PANANGADU POLICE STATION). BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No. 2953 of 2010 ------------------------------------ Dated this the 19th day of May, 2010 O R D E R This petition is for bail. 2. Alleged offences are under Sections 406 and 420 of the Indian Penal Code. According to prosecution, petitioner collected gold ornaments from the de facto complainant stating that those would be polished. But the ornaments were dipped in a solution and thereby, three grams of gold got dissolved in the solution. Petitioner committed the offence with intention to cause wrongful gain to himself and wrongful loss to the de facto complainant. 3. The learned counsel for the petitioner submitted that petitioner was arrested on 23.03.2010 and he is in judicial custody for the past 56 days. Petitioner's native place is Bihar. Charge sheet is already laid. He is prepared to compensate the de facto complainant for the three grams of gold lost and a condition may be imposed to that effect. The petitioner is also prepared to abide by any condition that may be imposed by this court, in case bail may be granted. 4. Learned Public Prosecutor conceded that charge sheet B.A. No. 2953 of 2010 2 is laid. It is also submitted that this type of offence is being committed by persons from Bihar, in Kerala and making money. Hence, petitioner will be able to pay any amount as compensation. It is likely that he may not be available for trial, it is submitted. 5. On hearing both sides, I find that the petitioner is the sole accused in this crime and charge sheet is already laid. His detention is therefore not required for the purpose of investigation. Hence bail can be granted on conditions and following order is passed: Petitioner shall be released on bail on his executing a bond for Rs. 50,000/- with two solvent local sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: i) Petitioner shall report before the Investigating Officer on every Monday between 10 A.M. and 1 P.M., until further orders. ii) Petitioner shall not influence or intimidate any witnesses or tamper with the evidence. K. HEMA, JUDGE B.A. No. 2953 of 2010 3 ln