IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 Bail Appl..No. 9901 of 2011() ----------------------------- CRIME NO.532 OF 2007 OF KALAMASSERY POLICE STATION, ERNAKULAM DT. PETITIONER/ACCUSED A1 ----------------------------------------- NIRUN STEPHEN, AGED 25 YEARS, S/O.STEPHEN VARGHESE, PUTHUSSERY HOUSE, WARD NO.9, VAZHAKULAM SOUTH PANCHAYATH, VAZHAKULAM SOUTH VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT(S): --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.532/2007 OF KALAMASSERY POLICE STATION, ERNAKULAM DISTRICT.) BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 9901 OF 2011 --------------------------------- Dated this the 23rd day of December, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The Petitioner is accused No.1 in Crime No.532 of 2007 of Kalamassery Police Station, Ernakulam District. 2. The offence alleged against the petitioner is under Section 379 read with 34 of the Indian Penal Code. 3. The prosecution case is that on 25.6.2007, the accused committed theft of a Wagon R car belonging to the wife of the defacto complainant, which was parked near Edappally Church. It is also alleged that the stolen car was used for transporting 700 litres of spirit. 4. The petitioner was arrested on 20.10.2011 at B.A.No.9901 OF 2011 2 Nedumbassery Air Port, while trying to go abroad. It is submitted by the learned Public Prosecutor that after the incident, the petitioner was absconding. 5. After completing the investigation, final report was filed. The petitioner is in judicial custody for more than two months. 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 that the charge was laid, 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 `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-II, Aluva, subject to the following conditions: B.A.No.9901 OF 2011 3 A) The petitioner shall surrender his passport before the Court of the Judicial Magistrate of the First Class-II, Aluva. If the passport was already seized by the police, the petitioner shall file an affidavit to that effect before the court. B) The petitioner shall appear before the officer who laid the charge on alternate Mondays, until further orders. 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. cms