IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 Bail Appl..No. 6168 of 2009() ------------------------------------- CRIME NO. 440/2009 OF FEROKE POLICE STATION, CALICUT ............................. PETITIONER/ACCUSED NO.3 : ------------------------------------------- HAREESHKUMAR K., S/O. PAVITHRAN, 40/09, AMMALU NIVAS, VALIYAPARAMBATH, VENGERI P.O., CALICUT, NOW RESIDING AT H.NO.VI/123, CHERUVATTA, PERUVAYAL GRAMA PANCHAYATH, CALICUT. BY ADVS. SRI.P.VINODKUMAR & SRI.SUSHANTH.J. RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6168 of 2009 ------------------------------------ Dated this the 29th day of October, 2009 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.3 in Crime No. 440/2009 of Feroke Police Station, Calicut. 2. The offences alleged against the petitioner are under Sections 380, 457, 461 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 11.09.2009. The petitioner was arrested on 25.09.2009 and he was remanded to judicial custody. It is submitted that accused No. 4 has not been arrested. Accused No.1, who is involved in other criminal cases was granted bail by the Sessions Court, Kozhikode. 4. The prosecution case is that the accused persons committed theft of Rs. 10,000/- and lottery tickets worth Rs. 63,000/- from the shop of the defacto complainant after making lurking house trespass. 5. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the petitioner is not involved in any other case of similar nature. B.A. No. 6168 of 2009 2 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.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-V, Kozhikode 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, 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. B.A. No. 6168 of 2009 3 The Bail Application is allowed as above. K.T. SANKARAN, JUDGE ln