IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 7TH JANUARY 2010 / 17TH POUSHA 1931 Bail Appl..No. 7610 of 2009() ---------------------------------- CMP.17524/2009 of J.M.F.C.-I, KOTTARAKKARA CRIME NO. 1958/2009 OF KOTTARAKKARA POLICE STATION .................... PETITIONER/ACCUSED: -------------------- SANTHI, AGED 32 YEARS, D/O. PONNAMMA, CHINNA SELAM, RAIL WAY PURAMBOKE, PALANI DISTRICT, TAMILNADU. BY ADV. SRI.K.S.ARUN KUMAR RESPONDENT: --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.7610 of 2009 ------------------------------------ Dated this the 7th 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 the accused in Crime No. 1958/2009 of Kottarakkara Police Station. 2. The offence alleged against the petitioner is under Section 511 of 379 of the Indian Penal Code. 3. The prosecution case is that on 02.12.2009, the petitioner attempted to snatch away a gold chain worn by a child while the child and her mother were in the hospital. The petitioner was arrested on 02.12.2009 and she was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the address furnished by the petitioner is incorrect. 5. The learned counsel for the petitioner submitted that the petitioner has a child aged five months and if the petitioner is detained in jail, it would cause prejudice not only to the petitioner but also to the child. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the B.A. No.7610 of 2009 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 on stringent conditions. 7. The petitioner shall be released on bail on her executing bond for Rs.25,000/- 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, Kottarakkara 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, 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 limits of Kollam District without giving prior intimation in writing to the investigating officer. D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. B.A. No.7610 of 2009 3 F) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The sureties shall produce the title deeds of their immovable properties for perusal of the learned Magistrate. The Bail Application is allowed as above. K.T. SANKARAN, JUDGE ln