IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 Bail Appl..No. 5820 of 2009() -------------------------------------- CRIME NO.543/2009 OF KUNNAMKULAM POLICE STATION, THRISSUR. PETITIONER/IST ACCUSED: ------------------------------------------ MUHAMMADALI @ ALI BHAI, S/O.MAMMUTTY, KAKKATTIL HOUSE, MANIKKAYAPARAMBU, THALLAPIRA DESOM, THAZHEKKAD VILLAGE, MALAPPURAM DISTRICT. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENT/STATE: -------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5820 of 2009 ------------------------------------ Dated this the 13th day of October, 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.543/2009 of Kunnamkulam Police Station, Thrissur. 2. The offence alleged against the petitioner is under Section 379 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that the petitioner committed theft of a jeep on 10/2/2008. 4. The petitioner was arrested in connection with Crime No.38/2009 of Nattukal Police Station. His formal arrest was recorded in the present case on 19/6/2009. The learned Public Prosecutor submitted that charge sheet was filed in the case on 30/6/2009. The petitioner is involved in several other cases of similar nature. 5. It is submitted by the learned counsel for the petitioner that if the petitioner is released on bail, he will not commit any offence or indulge in any prejudicial activities. This submission is recorded. B.A. No. 5820/ 2009 2 6. The learned Public Prosecutor pointed out that the address of the petitioner shown in the Bail Application is Thazhekkad Village in Malappuram district. However, in the confession statement allegedly made by the petitioner before the C.I. of Police, Mannarkad, he has stated that he is residing at Mahalingapuram, Pollachi. It is therefore submitted by the learned Public Prosecutor that there may be a direction to the petitioner not to leave the state of Kerala without the permission of the Judicial Magistrate of the First Class, Kunnamkulam. 7. 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, on stringent conditions. 8. The petitioner shall be released on bail on his executing bond for Rs.50,000/-with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kunnamkulam subject to the following conditions:- A) The petitioner shall report before the Station House Officer between 9 A.M. and B.A. No. 5820/ 2009 3 11 A.M. on every Sunday until further orders. B) The petitioner shall not leave the State of Kerala without permission of the Judicial Magistrate of the First Class, Kunnamkulam. C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. D) 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. The petitioner shall be released from jail only if his detention is not required in other cases. K.T. SANKARAN, JUDGE scm