IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 23RD APRIL 2010 / 3RD VAISAKHA 1932 Bail Appl..No. 2404 of 2010 ----------------------------- CRIME No.998/2010 OF CENTRAL POLICE STATION, ERNAKULAM CMP.735/2010 of J.M.F.C.-II, ERNAKULAM .................... PETITIONERS/ACCUSED 1 AND 2: -------------------------------------- 1. VINOD, AGED 24 YEARS, S/O. MANIYAPPAN, VELI HOUSE, MARARIKULAM.P.O, WEST SIDE OF UDAYA STUDIO, MARARIKULAM VILLAGE, ALAPPUZHA. 2. KIRAN, AGED 26, S/O. SASI, VAVA NOVAS, F.M. VILAKULAM, THIRUMALA.P.O, THIRUVANANTHAPURAM. BY ADV. SRI.VIJU THOMAS SMT.M.MEENA JOHN RESPONDENTS/COMPLAINANTS: ----------------------------------- 1. SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM (CRIME NO. 998/2010) 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR. BY PUBLIC PROSECUTOR, SRI.NOBLE MATHEW THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q. BARKATH ALI, J. --------------------------------------------- Bail Application No.2404 of 2010 --------------------------------------------- Dated this the 23rd day of April, 2010 O R D E R This is an application for regular bail filed by accused 1 and 2 in the above case under Section 439 Cr.P.C. 2. The allegation against the petitioners is that they being employees of the courier service M/s.On Dot Carrier & Cargo committed theft of mobile phone chargers, memory cards etc worth Rs.2,000/- by opening the parcels and thereby committed offences punishable under Sections 379 read with Section 34 of Indian Penal Code. The petitioners were arrested on April 12, 2010 and is in remand from that date onwards. The Bail Application filed before the Judicial First Class Magistrate Court II, Ernakulam was dismissed. 3. It is alleged in the petition that petitioners are innocent of the offences alleged against them, that they are the sole bread winners of their family and therefore they may be released on bail. BA No. 2404 of 2010 -:2:- 4. Notice given to the Public Prosecutor. Heard counsel for the petitioners and Public Prosecutor. The petition is opposed by the Public Prosecutor. 5. For the following reasons I am inclined to grant bail to the petitioners. Articles involved in this case are only mobile phone chargers and memory cards worth Rs.2,000/-. Further the counsel for the petitioners submits that the matter has been almost settled between the parties. Further petitioners are in remand from 12.04.10 onwards. Therefore, I feel that petitioners can be released on bail but on conditions. 6. In the result, the petition is allowed. The petitioners shall be released on executing a bond for Rs.25,000/-(Rupees twenty five thousand only) each with two solvent sureties for like sum to the satisfaction of the lower court, on the following conditions. 1. Petitioners shall appear before the Investigating Officer as and when ordered. 2. Petitioners shall not commit similar offences while on bail. 3. Petitioners shall not leave the jurisdiction BA No. 2404 of 2010 -:3:- of the trial court without prior permission. 4. If the petitioners violate any of the above conditions, the lower court can cancel their bail. P.Q. BARKATH ALI, Judge ttb