IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 Bail Appl..No. 6438 of 2009 -------------------------------------- (CRIME NO. 693/2009 OF MEDICAL COLLEGE POLICE STATION, VANCHIYOOR, THIRUVANANTHAPURAM) ................. PETITIONER/ACCUSED: ---------------------------------- NAJEEB VADAKKE CHENATTUPARAMBA, AGED 26 YEARS, S/O.ABDUL KADER, VADAKKE CHENATTUPARAMBA HOUSE, EAST OF KALATHATTU, PUNNAPRA, ALAPPUZHA DISTRICT. BY ADVS. MR.C.KHALID, MR.T.P.SAJID. RESPONDENTS/ COMPLAINANT: ----------------------------------------------- 1. SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM. 2. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 & R2 BY PUBLIC PROSECUTOR MR. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/11/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K.T. SANKARAN, J. --------------------------- B.A. No. 6438 of 2009 ------------------------------------ Dated this the 2nd day of November, 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 accused in Crime No. 693/2009 of Medical College Police Station, Vanchiyoor, Thiruvananthapuram. 2. The offence alleged against the petitioner is under Section 379 of the Indian Penal Code. 3. On 02.10.2009 at 7.30 P.M., the petitioner was found in suspicious circumstances near Menaka bus stop, Ernakulam. He was arrested. On questioning it was revealed that he was in possession of two Mobile Phones. The Prosecution case is that one of the Mobile Phones belongs to the defacto complainant in Crime No. 693/2009 of Medical College Police Station, Vanchiyoor. 4. In respect of the incident at Thiruvananthapuram, Crime No. 693/2009 was registered by the Medical College Police Station Vanchiyoor. The Central Police Station, Ernakulam had also registered Crime No. 2168/2009 in respect of offence relating to the Mobile Phone belonging to the defacto complainant residing at B.A. No. 6438 of 2009 2 Ernakukam. In respect of Crime No.2168/2009, the petitioner had filed Bail Application No. 6170/2009 and he was granted bail as per the order dated 26.10.2009. 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. 6.. The petitioner shall be released on bail on his executing bond for Rs. 15,000/- with two solvent sureties each for the like amount to the satisfaction of the Chief Judicial Magistrate, Thiruvananthapuram subject to the following conditions:- A) The petitioner shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all alternate Sundays, 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. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. B.A. No. 6438 of 2009 3 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 ln