IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932 Bail Appl..No. 4380 of 2010() ----------------------------- (C.C. NO.537/2010 OF JFCM, KARUNAGAPPALLY IN CRIME NO.352/2010 OF KARUNAGAPPALLY POLICE STATION.) CRMP.1552/2010 of D.C. & SESSIONS COURT,KOLLAM PETITIONER/ACCUSED -------------------------------------- AKHIL R.KRISHNAN @ AKHIL, S/O.RADHAKRISHNA PILLAI, ARCHANA HOUSE, NEAR SAKTHIKULANGARA TEMPLE, ADINAD, KULASEKHARAPURAM, KARUNAGAPPALLY, KOLLAM. (SOLE ACCUSED NI CRIME NO.352/2010 OF KARUNAGAPPALLY POLICE STATION). BY ADV. SRI.V.JAYAPRADEEP RESPONDENT(S): --------------- STATE OF KERALA, REP.BY THE S.I. OF POLICE, KARUNAGAPPALLY THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- B.A. No. 4380 of 2010 --------------------------------------------------- Dated this 22nd day of July, 2010. ORDER Petition for bail. 2. The alleged offences are under Sections 379 and 201 of IPC. According to prosecution, on 7.2.2010 at about 12.30 P.M. petitioner committed theft of a motor cycle, which was parked by the side of the road and he changed its registration number. 3. Petitioner was taken into custody on 19.5.2010 by Kayamkulam police under Section 41(d) of Cr.P.C. and in the light of his confession, it was noticed that he committed the crime within the limits of Karunagappally police station and the case was transferred to that station. A complaint was registered on 20.2.2010 in respect of theft which took place on 7.2.2010. 4. Learned counsel for petitioner submitted that petitioner is innocent of the allegations made. He is in custody since 19.5.2010. There is long delay in lodging the complaint. petitioner is only 18 years old. It is also submitted that petitioner is in custody for the past 63 days. Petitioner is [B.A.No.4380/2010] 2 seeking admission to the Engineering course and he could not go for counselling because he was in jail. 5. Learned Public Prosecutor submitted that petitioner is involved in other cases also of similar nature. Three cases are already registered against him. His arrest in this case was recorded when he was taken into custody in another crime. However, taking into consideration the fact that charge is laid, he is not opposing this bail application, but stringent conditions may be imposed to ensure his presence during trial. 6. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. Hence, the following order is passed : Petitioner shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court concerned, on the following conditions : (i) Petitioner shall report before the S.H.O. on every Monday and Thursday between 10 a.m. and 1 p.m. If the petitioner seeks to get exemption from appearance before the S.H.O. on [B.A.No.4380/2010] 3 any day, in connection with his education, he may make application in advance before the learned Magistrate and seek orders. (ii) Petitioner shall not leave the limits of the police station within which crime is registered, except with prior permission of the learned Magistrate. (iii) Petitioner shall not influence or intimidate any witness or tamper with evidence. (iv) In case the petitioner is involved in any offence of similar nature, his bail is liable to be cancelled. Petition is allowed. K. HEMA, JUDGE. Krs.