IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 Bail Appl..No. 5769 of 2009() -------------------------------------- CRIME NO.965/2009 OF KODUNGALLUR POLICE STATION PETITIONER/1ST ACCUSED: ------------------------------------------ NIKHILDEV. S/O.BHASI, KUNJUM AKKANPURAKK AL HOUSE, KARA, EDAVILANGU BY ADV. SRI.M.SHAJU PURUSHOTHAMAN RESPONDENT/COMPLAINANT: ------------------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REP.S.I.OF POLICE, KODUNGALLUR. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/10/2009 ALONG WITH B.A.NOS. 5785 AND 5787 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. Nos. 5769, 5785 & 5787 of 2009 ---------------------------------------------- Dated this the 19th day of October, 2009 O R D E R These Bail Applications are filed by Nikhildev, who is the first accused in Crime No.965/2009 and Crime No.955/2009 and the third accused in Crime No. 964/2009 of Kodungallur Police Station. B.A. No.5769/2009 relates to Crime No.965/2009 , B.A. No.5785/2009 relates to Crime No.964/2009 and B.A. No. 5787/2009 relates to Crime No. 955/2009. 2. The offence alleged against the petitioner is under Section 379 read with Section 34 of the Indian Penal Code. 3. The subject matter of theft is motor bikes. The allegation is that the petitioner and the other accused committed theft of one motor bike on 11/8/2009 and two motor bikes on 16/8/2009. Thus, the three crimes were registered in respect of the theft of each motor bike. 4. B.A. Nos.5447, 5449 and 5450 of 2009 filed by the petitioner for the grant of bail were dismissed by the order dated 25/9/2009. Investigation of the case has progressed much thereafter. It is also submitted that another accused involved in B.A. Nos. 5769, 5785 & 5787/2009 2 the crime, namely, Rafeeq was granted bail by the Sessions Judge by the order dated 17/9/2009. 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. 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, Kodungallur 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. B.A. Nos. 5769, 5785 & 5787/2009 3 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