IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 Bail Appl..No. 5721 of 2009() ----------------------------- CRIME NO.135/2009 OF KUMBLA POLICE STATION .................... PETITIONERS/ACCUSED 2 & 3 --------------------------------------- 1. MUHAMMED MANSOOR, S/O.HUSSAINABBA, AGED 27 YEARS, MUDUAHEDE, MANGALORE. 2. ASHRAF @ BADUVANKUNHI, S/O.HASSAINAR, AGED 28 YEARS, SEETHAMGOLI, EDNAD VILLAGE, KASARAGOD TALUK. BY ADV. SRI.MAHESH V RAMAKRISHNAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/10/2009, ALONG WITH BA NO. 5739 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.Nos.5721 & 5739 of 2009 --------------------------------------------- Dated this the 13th day of October, 2009 ORDER These are applications for bail under Section 439 of the Code of Criminal Procedure. Bail Application No.5721 of 2009 is filed by accused Nos.2 and 3 and Bail Application No.5739 of 2009 is filed by accused No.1 in Crime No.135 of 2009 of Kumbla Police Station. 2. The offences alleged against the accused persons are under Sections 457 and 380 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that the petitioners committed theft of a motor bike. The petitioners were arrested on 13.9.2009. Charge was laid in the case on 13.9.2009 itself. The offence was committed between 22.5.2009 and 23.5.2009. 4. The learned Public Prosecutor submitted that the first accused is involved in 4 other theft cases and the second accused is involved in one theft case. 5. The learned counsel for the petitioners submitted that the petitioners undertake not to commit any offence while on bail, if bail is granted in the present case. This undertaking is recorded. BA No.5721 & 5739/2009 2 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the fact that charge was laid in the case and also taking note of the aforesaid undertaking, I am of the view that bail can be granted to the petitioners. The petitioners shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kasaragod, subject to the following conditions: a) The petitioners shall report before the Station House Officer, Kumbla Police Station on every Monday between 9 A.M. and 11 A.M., until further orders; b) The petitioners shall not leave the State of Kerala without prior intimation in writing to the Station House Officer, Kumbla police Station. c) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Applications are allowed as above. K.T.SANKARAN, JUDGE csl