IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 Bail Appl..No. 6550 of 2009 CRIME NO.803 OF 2008 OF KATTAPPANA POLICE STATION PETITIONER: ACCUSED: -------------------- DINI, AGED 24 YEARS, S/O. DIVAKARAN, ALAPPATUKUNNEL HOUSE, ILLICITY BHAGAM, MUNIYARA KARA KONNATHADI VILLAGE. BY ADV. SRI.A.P.SUBHASH RESPONDENT: COMPLAINANT: --------------- STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6550 OF 2009 ------------------------------------------------------ Dated this the 10th day of November,2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the fourth accused in Crime No.803 of 2008 of Kattappana Police Station. 2. The offences alleged against the accused persons are under Sections 379 and 411 read with Section 34 of the Indian Penal Code. 3. The gist of the prosecution case is the following: On 31.8.2008, accused Nos.1 and 2 committed theft of a motor bike, bearing Registration No.KL37/362. The motor bike was kept concealed in a place. On the next day, accused Nos.1 and 4 came to the place where the motor bike was concealed. They changed the number plate of the vehicle showing the number as KL12D 1127. Subsequently, the vehicle was sold to the third accused, who received the same knowing that it was a stolen article. B.A. NO. 6550 OF 2009 :: 2 :: 4. The petitioner was arrested on 24.10.2009. Learned counsel for the petitioner submitted that the petitioner has no criminal antecedents and that he is not involved in any other case of similar nature. 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 Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kattappana, subject to the following conditions: 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; B.A. NO. 6550 OF 2009 :: 3 :: 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/