IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 Bail Appl..No. 6293 of 2008() ----------------------------- CMP.3733/2008 of J.M.F.C.-I,KOTTARAKKARA CRIME NO.830/08 OF KOTTARAKKARA POLICE STATION PETITIONER (ACCUSED NO.7), ---------------------------------------------- FRANCIS LOBO, AGED 61 YEARS, S/O MANUEL LOBO, PUTHUPARAMPIL VEEDU, NEAR RELIANCE PATROL PUMP, PARAYIL PALLIBHAGOM, CHANGANASSERRI VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENT(S): --------------- 1. CIRCLE INSPECTOR OF POLICE, KOTTARAKKARA. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/10/2008, ALONG WITH BA NO. 6341 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6293 of 2008 & B.A.No.6341 of 2008 ----------------------------------------- Dated this the 30th October, 2008 O R D E R These petitions are for bail. 2. The alleged offences are under Sections 379, 411, 120(B) and 34 of the Indian Penal Code. According to prosecution, accused 1 to 6 committed theft of a lorry and 7th accused received the stolen article knowing it to be stolen and sold it to 8th accused, who also received the same knowing that it is a stolen property. Petitioner in B.A.No.6293 of 2008 is 7th accused and petitioner in B.A.No.6341 of 2008 is the first accused in the crime. 3. Petitioners are arrested on 23.9.2008 and they are in custody since then. Learned counsel for petitioners submitted that as per order dated 14.10.2008 in Crl.M.C.No.1725 of 2008, 8th accused was granted anticipatory bail. 4. Learned Public Prosecutor submitted that taking into consideration the stage of investigation, he has no objection in granting bail to petitioners, but stringent condition may be imposed. Hence, bail is granted to petitioners on the following terms and conditions: BA.6293 & 6341/08 2 i) Petitioners shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. ii) Petitioners shall report before the investigating officer on every Monday, Wednesday and Saturday between 10 AM and 1 PM until further orders. iii). Petitioners shall not enter the limits of the police station within which the crime is registered, except for compliance of direction in clause (ii) above. iv) Petitioners shall not tamper with evidence or influence the witnesses or intimidate them or commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petitions are allowed. K.HEMA, JUDGE vgs.