IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 27TH AUGUST 2010 / 5TH BHADRA 1932 Bail Appl..No. 4951 of 2010() ------------------------------------------ (CRIME NO.362/2010 OF KATTAKADA POLICE STATION, TRIVANDRUM DISTRICT) ..... PETITIONER/ 3 ACCUSED: -------------------------------------- SARATH, S/O.SASIDHARAN, SASIDHARA BHAVAN, MANTHIKKALAM KOKKUDIMURY, MANOORKKARA VILLAGE. BY ADV. SRI.M.R.SARIN RESPONDENT(S): ---------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. LATHA T. THANKAPPAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.BHAVADASAN, J. ------------------------------------- BA No.4951 of 2010 ------------------------------------- Dated 27th August 2010 Order This is a petition filed under S.439 of the Criminal Procedure Code, seeking bail. 2. The petitioner is the third accused in Crime No.362/10 of Kattakada Police Station for having committed the offences punishable under Ss.454, 380 read with S.34 IPC. The Prosecution allegation is that the petitioner abetted the commission of theft by the first and second accused, who are juveniles, in conflict with law in the Government Vocational Higher Secondary School, Manoorkkara, between 15.5.2010 and 18.05.2010. 3. The petitioner submits that he is totally innocent and has been falsely implicated in the case. He has been in judicial custody since 30.07.2010. According to the petitioner, major part of the investigation is over and his continued custody is unnecessary. BA No.4951/10 2 4. The learned Public Prosecutor opposed the application. However, he pointed out that if this Court is inclined to grant bail, stringent conditions may be imposed. 5. The petitioner has been in judicial custody since 30.07.2010. The learned Public Prosecutor was unable to show as to why his custody should be continued. Since major portion of the investigation is complete by now, it is felt that the continued custody of the petitioner is unnecessary. In the result, this application is allowed as follows : 1. The petitioner shall be released on bail on executing a bond for Rs.15,000/- (Rupees Fifteen Thousand only) with two solvent sureties for the like sum, each to the satisfaction of the JFCM, Kattakada. 2. The petitioner shall report before the Investigating Officer on every Thursday between 10 a.m. And 11 a.m. till final report is laid. BA No.4951/10 3 3. The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses. P.BHAVADASAN, JUDGE sta BA No.4951/10 4