IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 Bail Appl..No. 3122 of 2009() ----------------------------- CMP.1162/2009 of J.M.F.C.-III,THRISSUR CRIME NO.168/2009 OF PEECHI POLICE STATION .................... APPLICANT/ACCUSED ------------------------------------- VENKITESH @ SAKTHIVEL, S/O.KRISHNASWAMY, 29 DOCTOR RAJENDRA PRASAD STREET, BAVANI ROAD, PERUTHURAI, ERODE, TAMIL NADU. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENT/COMPLAINANT --------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3122 of 2009 ------------------------------------ Dated this the 6th day of July, 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 5th accused in Crime No.168/2009 of Peechi Police Station. 2. The offence alleged against the petitioner is under Section 411 of the Indian Penal Code. 3. The petitioner is involved in several cases of similar nature. The allegation made against him is that he received lorries which were stolen by the other accused persons, knowing that the lorries were stolen properties. It is alleged that he paid only nominal amount for purchasing the lorries. The case of the petitioner is that he is running a transporting company and that he owns more than 50 lorries. He states that he purchased the lorries with all bonafides and after verifying the registration certificate particulars. On the other hand, the prosecution case is that the petitioner has not transferred registration certificate in his name and that he was using the lorries with number plates of other lorries having Tamil Nadu Registration. B.A. No. 3122 / 2009 Page numbers 4. The petitioner was arrested on 7/05/2009 in connection with another crime. His formal arrest was recorded in the present case on 23/05/2009. 5. The learned Public prosecutor submitted that investigation is at the final stage and recoveries were made on the basis of confession statement. The Public prosecutor also stated that the other accused persons in the case were also arrested. 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. 7. The petitioner shall be released on bail on his executing bond for Rs.1,00,000/- with two solvent sureties, who own immovable properties in the State of Kerala, each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-III, Thrissur subject to the following conditions:- A) The petitioner shall report before the District Superintendent of Police, Thrissur B.A. No. 3122 / 2009 Page numbers between 9 A.M. and 11 A.M. on all Tuesdays and Fridays, 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 leave the State of Kerala without prior permission from this Court. 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 scm