IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 Bail Appl..No. 7079 of 2008() ----------------------------- CMP.8413/2008 IN CRIME NO.435/2007 OF KODUNGALLUR POLICE STATION .................... PETITIONER/ACCUSED (IN CUSTODY -------------------------------------------------- NISHAD AGED 18 YEARS,S/O.IBRAHIM, KUZHUVITHAZHATH HOUSE, MATHILAKAM, PAPPINIVATTOM, KODUNGALLUR TALUK. BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. SUB-INSPECTOR OF POLICE, KODUNGALLUR POLICE STATION. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/12/2008, ALONG WITH B.A.NO.7016/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.Nos.7079 & 7016 of 2008 --------------------------------------------- Dated this the 5th December, 2008 O R D E R Petitions for bail. 2. Petitioner in B.A.No.7079/2008 is accused no.1 and petitioner in B.A.No.7016/2008 is accused no.2 in the same crime. The alleged offence is under Section 379 read with Section 34 IPC. According to prosecution, petitioners in furtherance of common intention, committed theft of motor cycle. 3. Learned counsel for petitioners submitted that petitioners are of the age of 18 years and 21 years. Petitioners were arrested on 3.11.2008 and they are in custody since then. 4. Learned public prosecutor submitted that he has no objection in granting bail to the petitioners. But, it is pointed out that petitioners are accused in various other similar crimes. Hence, stringent conditions may be imposed while granting bail, it is submitted. 5. On hearing both sides, I am satisfied that bail can be granted to the petitioners on stringent conditions. BA Nos.7079 & 7016/2008 2 Hence, the following order is passed: Petitioners shall execute bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: (i) Petitioners shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. to 1 p.m. until further orders. (ii) Petitioners 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. The petitions are allowed. K.HEMA, JUDGE csl BA Nos.7079 & 7016/2008 3