IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 31ST OCTOBER 2011 / 9TH KARTHIKA 1933 Bail Appl..No. 8506 of 2011 CRIME NO.1735 OF 2011 OF KALAMASSERY POLICE STATION PETITIONER/ACCUSED NO.2: -------------------------------------- NITHIN KUMAR K.S. @ BINU, S/O.KRISHNANKUTTY, AGED 24 YEARS, NITHIN BHAVAN, ITHYKUZHY HOUSE, MANCHAVILAKOM P.O., NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.T.K.AJITHKUMAR (VALATH) RESPONDENT: --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.T.K.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8506 OF 2011 ------------------------------------------------------ Dated this the 31st day of October, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.1735 of 2011 of Kalamassery Police Station. 2. The offences alleged against the accused are under Sections 458 and 394 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 6.9.2011 at 2 A.M., the accused persons entered into the room in which the de facto complainant was staying, threw chilly powder on his face and committed theft of a chain weighing 1.5 sovereigns and a ring weighing 0.75 sovereigns of gold. They have also committed theft of two Nokia mobile phones and `300/-. The petitioner was arrested on 7.9.2011 and he was remanded to judicial custody. BAIL APPL. NO.8506 OF 2011 :: 2 :: 4. It is submitted that the petitioner is not involved in any other case. Learned Public Prosecutor submitted that accused No.1 is involved in several cases. 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 present stage of investigation, I am of the view that bail can be granted to the petitioner, however, only with effect from 7.11.2011. 6. The petitioner shall be released on bail only on 7.11.2011 on his executing bond for Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class II, Aluva, subject to the following conditions: a) The petitioner shall surrender his Passport before the Court of the Judicial Magistrate of the First Class II, Aluva. If the petitioner does not have a Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate; b) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays for a period of two months and thereafter, on all Mondays, till the final report is filed or until further orders; BAIL APPL. NO.8506 OF 2011 :: 3 :: c) The petitioner shall appear before the investigating officer for interrogation as and when required; d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; f) 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/