IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 Bail Appl..No. 6238 of 2009 CRIME NO.155 OF 2008 OF KUMBLA POLICE STATION, KASARAGOD PETITIONER/ACCUSED -------------------------------------- A.M.MUHAMMED, AGED 38/09, S/O.ABDULLA, ERUTHUMKADAVU, RESIDING AT MUTTATHODY VILLAGE, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT: COMPLAINANT -------------------------- THE SUB INSPECTOR OF POLICE, KUMBLA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6238 OF 2009 ------------------------------------------------------ Dated this the 29th 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 the first accused in Crime No.155 of 2008 of Kumbla Police Station. 2. The offences alleged against the accused persons are under Sections 454, 461 and 380 of the Indian Penal Code. 3. The prosecution case is that on 2.6.2008, the accused persons committed lurking house trespass into the village office and committed theft of the basic tax receipt book containing blank basic tax receipts. The petitioner was arrested on 18.9.2009. 4. Learned Public Prosecutor submitted that the petitioner is involved in other cases, where the offence alleged against him was that he used as genuine documents, revenue receipts which were forged, for the purpose of getting bail to accused persons in other cases. B.A. NO. 6238 OF 2009 :: 2 :: 5. Learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence while on bail. He is also prepared to comply with any condition that may be imposed by the court. 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 the present stage of investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. 7. 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 Chief Judicial Magistrate, Kasaragod, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Sundays and Wednesdays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; B.A. NO. 6238 OF 2009 :: 3 :: d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) 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 ahz/