IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 Bail Appl..No. 10576 of 2011 CRIME NO.2057 OF 2011 OF THRIKKAKKARA POLICE STATION, ERNAKULAM. PETITIONER/ACCUSED NO.3 ------------------------------------------- UNNIKRISHNAN,S/O.SUBRAMANIYAN, MANNARASSALATHARAYIL HOUSE,P.O.MANARASSALA, HARIPPAD,ALAPPUZHA.NOW RESIDING AT KERARIMALA HOUSE,ATHANI,KAKKANAD, ERNAKULAM DISTRICT. BY ADV. SRI.J.ABHILASH RESPONDENTS: COMPLAINANT -------------------------- 1. STATE OF KERALA REPRESENTED BY ITS DIRECTOR OF PUBLIC PROSECUTION, HIGH COURT OF KERALA,ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, THRIKKAKARA POLICE STATION, ERNAKULAM DISTRICT. PUBLIC PROSECUTOR SRI.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 10576 OF 2011 ------------------------------------------------------ Dated this the 22nd day of December, 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.3 in Crime No.2057 of 2011 of Thrikkakkara Police Station, Ernakulam District. 2. The offences alleged against the accused are under Sections 379 and 201 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that accused No.1 committed theft of a motor bike and the same was entrusted to accused Nos.2 and 3. Crime No.937 of 2011 of Kollam West Police Station was registered in respect of that incident based on the confession statement of accused No.2 in another case. The petitioner was arrested in Crime No.937 of 2011 of Kollam West Police Station and he was granted bail by the order dated 14.12.2011, passed by the Judicial Magistrate of the First Class II, Kollam. Later, the crime was BAIL APPL. NO.10576 of 2011 :: 2 :: transferred to Thrikkakkara Police Station as the offence was committed within the jurisdiction of Thrikkakkara Police Station. The crime was re-registered as Crime No.2057 of 2011 of Thrikkakkara Police Station. The petitioner was arrested on 28.11.2011 and he was remanded to judicial custody. 4. Learned counsel for the petitioner submitted that the petitioner was released on bail by the Judicial Magistrate of the First Class II, Kollam and, therefore, there was no justification for his arrest and detention. 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 Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class I, Aluva, subject to the following conditions: BAIL APPL. NO.10576 of 2011 :: 3 :: 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; 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/