IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 Bail Appl..No. 5978 of 2009() ----------------------------- CRIME NO.636/2008 OF PUNALUR POLICE STATION .................... PETITIONER : ACCUSED NO.2 ------------------------------ MUNEER, AGED 24 YEARS, S/O.BASHEER, PALAVILA PUTHEN VEEDU, NEAR CHERIYIL WELFARE SCHOOL, EDAVATTOM, PERINADU VILLAGE. BY ADV. SRI.D.AJITHKUMAR RESPONDENT(S): COMPLAINANT --------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE PUNALUR. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/11/2009, ALONG WITH BA NO. 5986 OF 2009 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5978 of 2009 --------------------------------------------- Dated this the 2nd day of November, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.636 of 2008 of Punalur Police Station. 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 accused persons committed theft of the motor bike belonging to the de facto complainant on 25.7.2008. The petitioner was arrested on 30.7.2009 in connection with the Crime No.859 of 2009 of Kollam Police Station. His formal arrest was recorded in the present case on 17.9.2009. 4. It is submitted by the learned Public Prosecutor that after completing the investigation, charge was laid in the case on 4.10.2009. It is also submitted by the learned Public Prosecutor that the petitioner is involved in 9 other cases of similar nature registered in Kollam East Police Station. The petitioner is an accused in two cases registered in Punalur Police Station in respect of which the present Bail Application and Bail BA No.5978/2009 2 Application No.5986 of 2009 were filed by the petitioner. 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 fact that charge was laid in the case, I am of the view that bail can be granted to the petitioner on stringent conditions. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-III, Punalur, subject to the following conditions: a) The petitioner shall appear before the Station House Officer, Punalur Police Station on every Monday between 9 A.M. and 11 A.M. on all Mondays, until further orders; 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 petitioner shall be released from jail only if his detention is not required in any other case. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE csl