IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930 Bail Appl..No. 5223 of 2008() ----------------------------- CRIME NO.409/2008 OF MALAPPURAM POLICE STATION PETITIONER : ACCUSED ----------------- MOHAMMED MUSTHAFFA @ SABU, @ MUTHU, S/O.ABDUL SALAM VALIYAKATHOUSE, ANAKKAYAM AMSOM DESOM, ERNAD TALUK MALAPPURAM. BY ADV. SRI.SAJEEV KUMAR K.GOPAL RESPONDENTS: STATE & COMPLAINANT ------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. S.I. OF POLICE, MALAPURAM POLICE STATION BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------------- Bail Application No.5223 of 2008 ------------------------------------------------------- Dated this the 21st day of August, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 379 read with Section 34 IPC. Petitioner was arrested on 22.6.2008 and he is in custody for more than sixty days. Charge sheet is not filed so far. Hence, petitioner is entitled for bail under the proviso to Section 167(2) Crl.P.C. Petitioner is granted bail on the following terms and conditions: (i) Petitioner 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) Petitioner shall report before the Investigating Officer on every Monday between 10 a.m. to 1 p.m. until further orders. (iii) Petitioner shall not commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl