IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 Bail Appl..No. 5000 of 2009 CRIME NO.99 OF 2007 OF ELATHUR POLICE STATION PETITIONER/2ND ACCUSED ------------------------------------------ P.MOHANKUMAR @ MOHAN, AGED 40 YEARS,S/O.PONNUMANI,DOOR NO.5/61, KATTUVILAI,VANIYAKUDI,KULACHAL (VIA), KANYAKUMARI,TAMIL NADU. BY ADV. SRI.V.G.ARUN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5000 OF 2009 ------------------------------------------------------ Dated this the 1st 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 the second accused in Crime No.99 of 2007 of Elathur Police Station. 2. The offence alleged against the accused persons are under Sections 379 and 411 of the Indian Penal Code. 3. The date of occurrence was on 24.5.2007. The formal arrest of the petitioner was recorded in the case on 30.5.2009. It is submitted by the learned Public Prosecutor that charge sheet was filed on 26.6.2009. 4. Learned Public Prosecutor submitted that the petitioner is involved in many other cases of similar nature. The allegation is that the petitioner received a stolen property, namely, a Tata Indica car. B.A. NO. 5000 OF 2009 :: 2 :: 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner and the fact that charge was laid, I am of the view that bail can be granted to the petitioner on stringent conditions. 6. The petitioner shall be released on bail on his depositing a sum of Rs.50,000/- before the Judicial Magistrate of the First Class, Koyilandy and also on condition of his executing bond for Rs.50,000/- with two solvent sureties, who own immovable properties in the State of Kerala, for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Koyilandy, subject to the following conditions: a) The petitioner shall report before the Station House Officer, Elathur Police Station between 9 A.M. and 11 A.M. on all Mondays until further orders; b) The petitioner shall not leave the local limits of Elathur Police Station without getting permission from the learned Magistrate; c) The petitioner shall furnish his residential address to the investigating officer; d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; B.A. NO. 5000 OF 2009 :: 3 :: f) In case the petitioner fails to comply with any of the conditions or violates any of the conditions, the amount of Rs.50,000/- deposited by him shall be forfeited and the bail shall be liable to be cancelled. The Bail Application is allowed as above. (K.T.SANKARAN) Judge ahz/