IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 Bail Appl..No. 802 of 2010() ----------------------------------------- (CRIME NO.52/10 OF E.T. SOUTH POLICE STATION,ERNAKULAM DISTRICT) .................... PETITIONER/1ST ACCUSED: ------------------------------------------ DAVID, S/O.ANTONY, AGED 51 YEARS, KAITHAVALAPPIL HOUSE, WEST OF AROOR ST.AUGUSTINE CHURCH, AROOR, ALAPPUZHA. BY ADV. MR.K.V.SABU RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. --------------------------- B.A. No. 802 of 2010 ------------------------------ Dated this the 15th day of February, 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.1 in Crime No.52/2010 of Ernakulam Town South Police Station. 2. The offence alleged against the petitioner is under Section 379 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that between 9 P.M. on 30/12/2009 and 9 P.M. on 31/12/2009, a mini lorry belonging to the de facto complainant was stolen by the accused persons. The lorry was being parked at Panampally Nagar in Ernakulam. It is alleged that the accused persons sold the mini lorry in Pattalam market, Thrissur. The petitioner was arrested on 13/1/2010 and he was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that the petitioner is working as driver in KSRTC and that he is not involved in other cases of similar nature. It is also submitted that the petitioner is prepared to comply with any condition that may be imposed by the Court for granting bail. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the B.A. No. 802/2010 2 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. 6. 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 Additional Chief Judicial Magistrate (Economic Offences), Ernakulam subject to the following conditions:- A) The petitioner shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all 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. 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 scm