IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 Bail Appl..No. 8675 of 2011 CRIME NO.322 OF 2011 OF POOVAR POLICE STATION, THIRUVANANTHAPURAM PETITIONER: ACCUSED NO.1: -------------------- SAIDH ALI S/O MUHAMMAD KUNJU EMS COLONY, POOVAR PO, THIRUPURAM VILLAGE, NEYYANTTINKARA, TRIVANDRUM. BY ADV. SRI.M.R.SARIN PANICKER RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SMT.KOCHUMOL THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8675 OF 2011 ------------------------------------------------------ Dated this the 14th day of November, 2011 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.1 in Crime No.322 of 2011 of Poovar Police Station, Thiruvananthapuram District. 2. The offences alleged against the accused are under Sections 379, 465 and 468 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 20.6.2011, the accused committed theft of an autorickshaw kept in the premises of Poovar Police Station, which was involved in Crime No.321 of 2011. The petitioner was arrested on 27.9.2011 and he was remanded to judicial custody. 4. The Bail Application was adjourned on several occasions, once at the instance of the petitioner and twice at the instance of the BAIL APPL. NO.8675 OF 2011 :: 2 :: Public Prosecutor. Even now, the learned Public Prosecutor has not received any instructions. 5. Taking into account the facts and circumstances as revealed from the order passed by the Court of the Judicial Magistrate of the First Class II, Neyyattinkara, I am inclined to grant bail to the petitioner on stringent conditions. 6. The petitioner shall be released on bail on his executing bond for Rupees Twenty five thousand 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 for a period of two months and thereafter, on all Mondays, 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; BAIL APPL. NO.8675 OF 2011 :: 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 ahz/