IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 Bail Appl..No. 7654 of 2009() -------------------------------------- CRIME NO.708/2009 OF THAMPANOOR POLICE STATION. .................... PETITIONER/2ND ACCUSED: ---------------------------------------- SHAJIKUMAR @ UNNI, S/O. SIVAN PILLAI, RESIDING AT KUNJUVILA VEEDU, NEAR AYAYOOR MAHADEVA TEMPLE, (FROM VIJAYAVILASAM, BACK OF ST. TERESA'S CONVENT MANALOOR, KAVUVILA DESOM, NEYYATINKARA. BY ADV. SRI.R.GOPAN RESPONDENTS/COMPLAINANTS: --------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, THAMPANOOR. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7654 of 2009 ------------------------------------ Dated this the 4th day of January, 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.2 in Crime No.708/2009 of Thampanoor Police Station. 2. The offences alleged against the petitioner are under Sections 379, 411, 413 and 201 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 4/11/2009, the petitioner and another person were found in suspicious circumstances. The autorickshaw driven by the petitioner was intercepted by the police. On questioning, it was revealed that the autorickshaw was a stolen vehicle and that it was purchased by the petitioner knowing fully well that it was a stolen article. The petitioner is an autorickshaw driver by profession. The petitioner was arrested on 4/11/2009 and he is in judicial custody since then. 4. The learned counsel for the petitioner submitted that the petitioner is not involved in any other case and that the B.A. No. 7654 / 2009 2 petitioner is prepared to comply with any condition that may be imposed by the Court. 5. 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 on stringent conditions. 6. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-III, Thiruvananthapuram 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 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. B.A. No. 7654 / 2009 3 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