IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH SEPTEMBER 2009 / 17TH BHADRA 1931 Bail Appl..No. 4902 of 2009 CRIME NO.344 OF 2009 OF PARASSALA POLICE STATION PETITIONER: 1ST ACCUSED: -------------------- RAJESH, AGED 21 YEARS, S/O. MURALI, CHARIVUTHATTUPUTHEN VEEDU, KALLUVILA, KADAVATTARAM DESOM, NEYYATTINKARA VILLAGE. BY ADV. SRI.R.GOPAN RESPONDENTS: COMPLAINANT: --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, PARASSALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4902 OF 2009 ------------------------------------------------------ Dated this the 8th day of September, 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 C.R.No.344 of 2009 of Parassala Police Station. 2. The offences alleged against the petitioner are under Sections 457 and 380 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that between 10.10 PM on 24.6.2009 and 8 AM on 25.6.2009, the door of the Amaravila Excise Range was broke open by some persons and they committed theft of 296 litres of spirit which was kept in the office as thondi in Crime Nos.40 of 2009 and 92 of 2008. 4. The petitioner was arrested in connection with Crime No.423 of 2009 of Neyyattinkara Police Station on 25.6.2009. The offence alleged against the petitioner in Crime No.423 of 2009 is B.A. NO. 4902 OF 2009 :: 2 :: under Section 379 read with Section 34 of the Indian Penal Code. It would appear that the petitioner gave a statement on his arrest in which the theft in the present case was also indicated. Formal arrest of the petitioner was recorded in the present case on 3.7.2009. The petitioner is in judicial custody. 5. It is submitted by the learned Public Prosecutor that final report is not filed so far. Some of the accused persons are not arrested in the case. Learned counsel for the petitioner submitted that the petitioner is entitled to default bail under Section 167(2) of the Code of Criminal Procedure. 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. 5. The petitioner shall be released on bail on his executing bond for Rs.50,000/- 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: B.A. NO. 4902 OF 2009 :: 3 :: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, 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; 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/