IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 Bail Appl..No. 6224 of 2009() ----------------------------- CMP.2544/2009 of J.M.F.C.,PARAPPANANGADI CRIME NO. 111/2009 OF THENHIPALAM POLICE STATION. .................... PETITIONER/2ND ACCUSED (IN CUSTODY): ---------------------------------------------------------------- MUHAMMED SIYAD, AGED 19 YEARS, S/O.ABDUL RAHIM, ERAD HOUSE, KOOMANNA, PERUVALLUR VILLAGE. BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM) RESPONDENT/ COMPLAINANT: ---------------------------------------------- STATE OF KERALA, (CIRCLE INSPECTOR OF POLICE, THIRURANGADI AS THENHIPALAM POLICE STATION), REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6224 of 2009 ------------------------------------ Dated this the 27th 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 accused No.2 in Crime No. 111/2009 of Thenhipalam Police Station. 2. The offences alleged against the petitioner are under Sections 379 and 411 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 28/3/2009, accused Nos. 1 to 3 committed theft of a Tata Indica Car belonging to the defacto complainant. They sold the vehicle to accused No.4, who purchased the same fully knowing that it was a stolen vehicle. 4. The petitioner was arrested in connection with Crime No.607/2009 of Kunnamkulam Police Station, which was registered under Section 401 of the Indian Penal Code on 10/6/2009. The formal arrest of the petitioner was recorded in the present case on 8/8/2009. 5. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the charge B.A. No. 6224/2009 2 was not laid in the case. Therefore, the petitioner is entitled to default bail under Section 167(2) of the Code of Criminal Procedure. 6. 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 also the fact that charge was not laid in the case, I am of the view that bail can be granted to the petitioner. 7. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Parappanangadi 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 for a period of two months and thereafter on every Monday, 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. B.A. No. 6224/2009 3 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. The petitioner shall be released from jail only if his custody is not required in any other case. K.T. SANKARAN, JUDGE scm