IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 Bail Appl..No. 7745 of 2008(A) ----------------------------------- CMP.3739/2008 of JUDL.M.F.C.-I,ERNAKULAM CRIME NO.68/2008 OF E.T.NORTH POLICE STATION .................... PETITIONER/2ND ACCUSED : ----------------------------------- KUMAR,S/O. SUBRAMANIAN, H.NO. XII/15,ASHARIMAR STREET, NEYYPPR P.O., KAKULAM TALUK, KANYAKUMARI DISTRICT. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA REPRESENTED BY SUB INSPECTOR, E.T.NORTH POLICE STATION, THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.7745 OF 2008 ------------------------------ Dated this the 5th day of January, 2009 O R D E R This petition is for bail. 2. The alleged offences are under Sections 457, 461, 380, 411, 414 read with 34 IPC. According to prosecution, first accused committed theft of 8 sovereigns of gold ornaments on 22.01.2008 and the petitioner received stolen articles knowing it to be stolen. Petitioner was arrested on 23.11.2008 and he is in custody since then. 3. Learned counsel for petitioner submitted that petitioner is absolutely innocent of the allegations made. He has not received any gold ornaments knowing it to be stolen. Petitioner and two of his brothers are running jewellery shop in Kanyakumari District and the Kerala police came there to make enquiries and all of them explained their innocence. But the Kerala police insisted that the gold ornaments should be given, for which the petitioner and his brothers were not willing and therefore he was implicated in several cases. It is also submitted that the petitioner was in Somaliya in 2006 and 2007 and on knowing this fact on questioning him, petitioner is implicated as B.A.No.7745 of 2008 2 an accused in cases of the years 2005 and 2008 only. Petitioner had made a compliant to the Superintendent of Police in Kanyakumari District and an enquiry was also made into this. The police was infuriated because of the complaint and hence, petitioner is implicated as an accused. He is prepared to abide by any condition imposed, it is submitted. 4. Learned Public Prosecutor submitted that the investigation is still going on. No recovery is effected from the petitioner and an amount of Rs.20,000/- was recovered from first accused. If the petitioner is released on bail, it is likely that it will affect the investigation. It is also submitted that he will not be available for investigation or trial in case he is released on bail and hence this petition is opposed. It is also submitted that the petitioner is involved in various other crimes of similar nature. On hearing both sides, I find that bail can be granted to the petitioner by imposing stringent conditions. Hence, bail is granted to the petitioner on the following terms and conditions : B.A.No.7745 of 2008 3 (i) Petitioner shall execute a bond for Rs.50,000/- with two solvent sureties each for like sum to the satisfaction of the Magistrate court concerned (one of the sureties shall be local surety). (ii) Petitioner shall report before Investigating Officer on every alternate Sunday between 10 a.m. and 1 p.m. until further orders. (iii) Petitioner shall not influence or intimidate any witnesses or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. (iv) Petitioner shall surrender his passport, if any, before the Magistrate court within 7 days of release and if he is not in possession, he shall file an affidavit to that effect within 7 days from the date of release. The petition is allowed. K.HEMA, JUDGE pac