IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 Bail Appl..No. 5871 of 2009() ----------------------------- CRIME NO.582/2009 OF PERINTHALMANNA POLICE STATION .................... PETITIONERS/ACCUSED NOS.1,2 ----------------------------------------------- 1. PREMA, D/O. BALAN, AGED 20 YEARS ANAMALA, POLLACHI, TAMILNADU. 2. LAKSHMI, D/O. BALAN, AGED 25 YEARS, ANAMALA, POLLACHI, TAMILNADU. BY ADV. SRI.K.SHIBILI NAHA SMT.A.LOWSY RESPONDENT(S): --------------- S.I. OF POLICE, PERINTHALMANNA, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5871 of 2009 --------------------------------------------- Dated this the 13th day of October, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.582 of 2009 of Perinthalamanna Police Station. 2. The offence alleged against the petitioners is under Section 379 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 14.9.2009, while the defacto complainant and her daughter were travelling in a bus, the accused persons committed theft of a golden anklet of the daughter of the defacto complainant. The petitioners were arrested on the same day and they were remanded to judicial custody. 4. The learned Public Prosecutor submitted that charge was laid in the case on 19.9.2009. The learned Public Prosecutor also submitted that the address furnished by the petitioners were found incorrect by the investigating officer. The petitioners BA No.5871/2009 2 were not residing in the address furnished by them. 5. The learned counsel for the petitioners submitted that the petitioners are prepared to abide by 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 petitioners, the nature of the offence and the fact that charge was laid in the case, I am of the view that bail can be granted to the petitioners. The petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties, who own immovable properties in the State of Kerala, for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Perinthalmanna, subject to the following conditions: a) The petitioners shall report before the Station House Officer, Perinthalmanna Police Station between 9 A.M. and 11 A.M. on every Monday, Wednesday and Friday, until further orders; b) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; BA No.5871/2009 3 d) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. It is made clear that the sureties shall produce the title deeds in respect of their properties for perusal of the learned Magistrate. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE csl