IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 Bail Appl..No. 6203 of 2009 CRIME NO.674 OF 2009 OF VIZHINJAM POLICE STATION PETITIONER/ACCUSED -------------------------------------- RAMESH, AGED 45, S/O. RAVEENDRAN, RESIDING WITH VALSALA, THULAVILA VEEDU, NEAR PHILOMINA CHURCH, THULAVILA, VIZHINJAM, THIRUVANANTHAPURAM. BY ADV. SRI.R.T.PRADEEP RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY DIRECTOR GENERAL OF PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6203 OF 2009 ------------------------------------------------------ Dated this the 27th 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 accused in Crime No.674 of 2009 of Vizhinjam Police Station. 2. The offence alleged against the petitioner is under Section 379 of the Indian Penal Code. 3. On 5.9.2009, the petitioner was found in suspicious circumstance in the KSRTC Bus Stand, Vizhinjam. A gas cylinder was found in the possession of the petitioner. He had concealed the same in a gunny bag. The petitioner was taken into custody by the police. On interrogation, he confessed that the gas cylinder was a stolen article and it was stolen from the house of one Santhosh. 4. The petitioner was arrested on 5.9.2009 and he was remanded to judicial custody. Learned Public Prosecutor submitted that after completing the investigation, charge was laid in the case. B.A. NO. 6203 OF 2009 :: 2 :: 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 also the fact that charge was laid in the case, I am of the view that bail can be granted to the petitioner. 6. 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 – II, Neyyattinkara, subject to the following conditions: a) The petitioner shall report before the Station House Officer, Vizhinjam Police Station 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 Bail Application is allowed as above. (K.T.SANKARAN) Judge ahz/