IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 Bail Appl..No. 9861 of 2011() ----------------------------- CRIME NO.1159/2011 OF MUNAMBAM POLICE STATION, ERNAKULAM .................... PETITIONER (S): ACCUSED NO.2 ------------------------------------- MUHAMMED ASLAM , S/O.ABDUL JABBAR, AGED23 YEARS, PALLATH HOUSE,NEAR KANNAPILLAKATTU BRIDGE, PAZHANGAD, EDAVANAKAD, ERNAKULAM DISTRICT. BY ADV. SRI.MANSOOR.B.H. RESPONDENT(S): COMPLAINANT & STATE --------------------------------------------- STATE OF KERALA REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING STATION HOUSE OFFICER, MUNAMBAM POLICE STATION ERNAKULAM DISTRICT 682 031. PUBLIC PROSECUTOR SRI.R.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9861 of 2011 --------------------------- Dated this the 3rd day of December, 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.1159 of 2011 of Munambam Police Station, Ernakulam District. 2. The offence alleged against the petitioner is under Section 379 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 30.10.2011 at 9.30 P.M., the accused committed theft of a motor bike from the parking area of a pay and park station. The petitioner was arrested on 3.11.2011 and he was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that the petitioner is not involved in any other crime of similar nature. BA 9861/11 2 5. The investigation is in progress. 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 with effect from 20.12.2011. The petitioner shall be released on bail only on 20.12.2011 on his executing bond for ` 25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, North Paravur, 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; BA 9861/11 3 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