IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 Bail Appl..No. 1829 of 2010() ----------------------------- CRIME NO.373/2008 OF PARASSALA POLICE STATION .................... PETITIONER/IST ACCUSED ------------------------------------------ DILEEP, S/O.FIGGRIF, MADATHATTUVILA VEEDU, NEAR ASSARIKULAM, KEEZHKOLLA DESOM, CHENKAL VILLAGE, NEYYATTINKARA. BY ADV. SRI.G.SUDHEER RESPONDENT(S): COMPLAINANTS --------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, PARASSALA POLICE STATION. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1829 of 2010 --------------------------------------------- Dated this the 29th day of March, 2010 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.1 in Crime No.373 of 2008 of Parassala Police Station. 2. The offence alleged against the petitioner is under Section 380 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 8.6.2008, at 1.30 A.M., the accused committed theft of 1250 kgs. of iron rod kept in the depot of Chenkal Housing Co-operative Society. The petitioner was arrested on 18.2.2010 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in Crime No.98 of 2010 of Parassala Police Station where the offences alleged against him are under Sections 452, 323 and 341 read with Section 34 of the Indian Penal Code. No other theft case is reported as against the petitioner. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the BA No.1829/2010 2 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. 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 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; 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 csl