IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 Bail Appl..No. 8527 of 2011() ----------------------------- CC.806/2011 of J.M.F.C., ADIMALI .................... PETITIONER/ACCUSED NO.1 : ----------------------------------- LOKESWARY, AGED 24 YEARS, W/O.KARTHIK, SHED NO.9, ANACHAL ESTATE, ANACHAL IDUKKI DISTRICT, PERMANENTLY RESIDING AT PARAPPETTY THERUVU, PARAPPETTY VILLAGE, DINDIGAL DISTRICT, TAMIL NADU. BY ADV. SRI.VETTATH EAPEN MATHAI RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KEALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, VELLATHUVAL POLICE STATION, VELLATHUVAL, IDUKKI DISTRICT. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8527 of 2011 --------------------------- Dated this the 21st day of October, 2011 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 C.C.No.806 of 2011 on the file of the Judicial Magistrate of the First Class, Adimaly. 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 on 29.8.2011, while the de facto complainant and the accused were travelling in an autorickshaw, the accused persons committed theft of a gold chain worth ` 40,000/- belonging to the de facto complainant. The petitioner was arrested on 29.8.2011 and she was remanded to judicial custody. BA 8527/11 2 4. After completing the investigation, charge sheet was filed in the case on 14.9.2011. 5. The learned counsel for the petitioner submitted that PWs 1 to 5 were examined in the case and that PW1 herself stated that she does not know as to who committed theft and her gold chain was thrown from the bus. The prosecution case is that after committing the theft, the accused escaped in a bus. The learned counsel for the petitioner submitted that on the basis of the evidence already adduced, there is every chance of the petitioner being acquitted. 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. 7. The petitioner shall be released on bail on her executing bond for ` 25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the BA 8527/11 3 First Class, Adimaly, subject to the following conditions: A) The petitioner shall report before the police officer who laid the charge on every Monday till the trial of the case is over ; B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; 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. K.T.SANKARAN JUDGE csl