IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 8TH MAY 2009 / 18TH VAISAKHA 1931 Bail Appl.No. 2457 of 2009 ----------------------------- CRIME NO. 578//09 OF THE PALLICKAL POLICE STATION PETITIONER/2ND ACCUSED ------------------------------- MONISH KUMAR, S/O.VIKRAMAN PILLAI, BAGEERATHAM, CHENNAMPOIKA, KIZHAKKANELA, PALLICKAL, TRIVANDRUM DIST. BY ADV. SRI.SHABU SREEDHARAN SRI.C.K.PRASAD RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY S.I OF POLICE, PALLICKAL POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR.M.S. BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.T.RAVIKUMAR, J. --------------------------------------------- B.A.No. 2457 of 2009 --------------------------------------------- Dated this the 8th day of May, 2009 O R D E R This is an application for regular bail filed under section 439 of the Code of Criminal Procedure. The second accused in Crime No.57/2009 of Pallickal Police Station is the petitioner herein. 2. The allegation is that the petitioner along with others have committed offences punishable under sections 379 and 411 of the Indian Penal Code. In connection with the above crime, the petitioner was arrested on 21.3.2009 and since then he has been under judicial custody. 3. The commission of the alleged theft of two gas cylinders, one filled and another unfilled, worth Rs.2,000/- from a tea shop belonging to the defacto complainant, led to the registration of the above said crime. It is based on the confession statement given by the co-accused that the petitioner has been implicated. As already stated, the petitioner was arrested on 21.3.2009 and since then he has been under judicial custody. 4. Taking into account the above circumstances and also the fact that the investigation is almost completed, I think the petitioner B.A.NO.2457/2009 2 can be enlarged on bail, without causing prejudice to the prospects of other investigation. 5. Accordingly, this application is allowed subject to the following conditions. (i) The petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties for the like sum each to the satisfaction of the J.F.C.M., Attingal. (ii) The petitioner shall report before the Investigating Officer as and when required. (iii) The petitioner shall not tamper with or attempt to tamper with evidence or intimidate or influence or attempt to intimidate or influence the witnesses. C.T.RAVIKUMAR, JUDGE dsn