IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 Bail Appl..No. 1629 of 2010 CRIME NO.193 OF 2009 OF POZHIYOOR POLICE STATION PETTIONER/4TH ACCUSED ----------------------------------------- BIJU @ KANNADI BIJU, AGED 24 YEARS, S/O. BABU, KUNCHAVILAKAM VEEDU, KOTTAPPU, MALAYINKEEZHU VILLAGE. BY ADV. SRI.R.GOPAN RESPONDENTS: COMPLAINANTS --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. CIRCLE INSPECTOR OF POLICE, PARASALA. PUBLIC PROSECUTOR SRI.C.M.KAMAPPU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1629 OF 2010 ------------------------------------------------------ Dated this the 31st day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.4 in Crime No.193 of 2009 of Pozhiyoor Police Station. 2. The offences alleged against the accused are under Sections 379, 201, 411 and 413 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that between the night of 20.9.2009 and the early hours of 21.9.2009, a Mahindra Van belonging to the de facto complainant was stolen by accused Nos.4 and 5. They sold the vehicle to accused Nos.1 to 3. It is alleged that accused Nos.1 to 3 exhibited a fake registration number on the vehicle and they sold the vehicle to accused Nos.6 and 7. It is also alleged that accused Nos.6 and 7 used the vehicle for transporting spirit. The petitioner was arrested in connection with Crime No.268 of 2010 of Central Police Station and his formal arrest was recorded B.A. NO.1629 OF 2010 :: 2 :: in the present case on 15.2.2010. This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No. in Crime No. of of the Police Station. 4. The petitioner filed B.A.No.1307 of 2010. That application was dismissed by the order dated 8.3.2010. The investigation has progressed thereafter. 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 on stringent conditions. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class II, Neyyattinkara, 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 and Thursdays, till the final report is filed or until further orders; B.A. NO.1629 OF 2010 :: 3 :: 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; 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 ahz/