IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 Bail Appl..No. 6555 of 2008() ----------------------------- (CRIME NO. 382 OF 2008 OF KALPAKANCHERI POLCIE STATION) PETITIONER/ ACCUSED NO.3: --------------------------------- JAYAN @ JAYAPRAKASH, S/O.VELAYUDHAN, KELAPPURATH HOUSE, PUTHOOR DESOM, KOTTAKKAL, MALAPPURAM DISTRICT. BY ADV. SRI.MANSOOR.B.H. RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl.No. 6555 of 2008 --------------------------------------------------- Dated this the 24th day of October, 2008. ORDER Petition for bail. 2. The alleged offecnes are under Sections 457 and 380 read with Section 34 of IPC. According to prosecution, first and second accused committed house-breaking and theft of 7.52 sovereigns and Rs.500/- in furtherance of common intention with the 3rd accused who was waiting outside and after the theft they escaped from the scene in an autorickshaw. 3. Petitioner is the 3rd accused. He was arrested on 17.7.2008 and he is in custody for the past three months. Charge-sheet has not been filed so far and hence he is entitled for bail under the proviso to Section 167(2) Cr.P.C. Learned Public Prosecutor submitted that stringent conditions may be imposed. [B.A.6555/08] 2 Hence, bail is granted to the petitioner on the following terms and conditions: i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) Petitioner shall report before the Investigating Officer on every alternate day between 10 A.M. and 1 P.M. until further orders. iii) Petitioner shall not leave the limits of the police station within which crime is registered except with the prior permission of the learned Magistrate. iv) Petitioner shall not influence or intimidate any witness or tamper with evidence or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. Petition is allowed. K. HEMA, JUDGE. Krs.