IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 Bail Appl..No. 2958 of 2009 CRIME NO.49 OF 2007 OF KAYAMKULAM POLICE STATION PETITIONER: 4TH ACCUSED; -------------------------------- JOY PHILIP, AGED 51 YEARS, S/O.PHILIP, PARAYIL VEEDU, THONNIPPUZHA KARA, PULLAD VILLAGE, THIRUVALLA (RESIDING ON RENT AT PALAMOOTTIL VEEDU, CHERUVALOOR MURI, CHERIYANAD VILLAGE). BY ADV. SMT.A.SALINI LAL RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA REPRESENTING SUB INSPECTOR, KAYAMKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2958 OF 2009B ------------------------------------------------------ Dated this the 8th June, 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.2 in Crime No.49 of 2007 of Kayamkulam Police Station. 2. The offence alleged against the petitioner is under Sections 380 and 411 of the Indian Penal Code. 3. The petitioner was arrested on 6.4.2009. Learned Public Prosecutor submits that the petitioner is involved in other cases of a similar nature as well. 4. The prosecution case is that a Maruti Alto car belonging to the de facto complainant, worth Rs.2,80,000/-, was stolen by the first accused, who sold the car to the second accused for a sum of Rs.20,000/- and the second accused in turn sold the same to the third accused for a sum of Rs.35,000/-. Learned counsel for the petitioner submitted that no final report was filed within time and, therefore, Section 167(2) Crl.P.C. is attracted. B.A. NO. 2958 OF 2009 :: 2 :: 5. 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 the present stage of investigation, I am of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kayamkulam, 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, 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; 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 ahz/