IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 11TH AUGUST 2011 / 20TH SRAVANA 1933 Bail Appl..No. 6390 of 2011() ----------------------------- CRMP.2347/2011 of DISTRICT COURT, KOTTAYAM CRIME NO.542/2011 OF KOTTAYAM EAST POLICE STATION .................... PETITIONER/2ND ACCUSED ------------------------- SUKUMARAN @ MONEY S/O.NARAYANAN NAIR, PARAKKATTU, ANICKADU. P.O., PALLICKATHODU, KOTTAYAM. BY ADV. SRI.S.MANU SMT.K.DEEPA (PAYYANUR) RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, PAMPADY POLICE STATION, KOTTAYAM DISTRICT - 686502. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/08/2011 ALONG WITH B.A.Nos.6392,6394, 6397 & 6404 of 2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------ Bail Appln.Nos.6390, 6392, 6394, 6397 & 6404 of 2011 --------------------------------------------------- Dated this the 11th day of August, 2011 ORDER In all these Bail Applications are under Section 439 of the Code of Criminal Procedure, the petitioner is Sukumaran @ Money. He was arrested in theft cases and he is in judicial custody since 21/06/2011. 2. The details regarding the Crime Number, Police Station, offence, rank of the accused, date of arrest/formal arrest and Bail Application Numbers are shown in the table below:- Crime No. Police Station Offence Rank of the accused Date of arrest/ formal arrest Bail Appln.No. 542/2011 Kottayam East Police Station 379, 414 r/w.34 of the I.P.C. 2 21/06/2011 6390/2011 551/2011 Kottayam East Police Station 379, 414 r/w.34 of the I.P.C. 2 21/06/2011 6392/2011 292/2011 Pampady Police Station 379, 411 & 414 r/w.34 of the I.P.C. 3 21/06/2011 6394/2011 287/2011 Pampady Police Station 379, 411 & 414 r/w.34 of the I.P.C. 3 21/06/2011 6397/2011 293/2011 Pampady Police Station 379 & 414 r/w.34 of the I.P.C. 3 13/07/2011 (formal arrest) 6404/2011 Bail Appln.Nos.6390, 6392, 6394, 6397 & 6404/2011 : 2 : 3. In all the cases the subject matter of theft is gas cylinder. It is stated that house wives used to place the gas cylinders outside their house so that the gas agency people could collect the gas cylinders. The accused persons exploited the situation and committed theft of gas cylinders. The allegation against the petitioner is that he facilitated the sale of the gas cylinders to five hotel owners. It is alleged that the petitioner accepted the share of booty. It is submitted by the learned counsel for the petitioner that the petitioner belongs to Pallickathodu in Kottayam District and he is prepared to abide any condition that may be imposed by the Court while granting bail. It is also submitted by the learned counsel that the petitioner undertakes not to involve in any prejudicial activity including commission of similar offences. This undertaking is recorded. 4. The learned Public Prosecutor submitted that charge sheets were filed in the cases except in Crime No.287 of 2011 and 293 of 2011 of Pampady Police Station. 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 offences, I am of the view that Bail Appln.Nos.6390, 6392, 6394, 6397 & 6404/2011 : 3 : bail can be granted to the petitioner on stringent conditions. 6. The petitioner shall be released on bail on his executing bond for `25,000/- (Rupees Twenty five thousand only) in each case with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kottayam, subject to the following conditions:- A) The petitioner shall appear before the Station House Officer of Pampady Police Station on all Mondays and before the Station House Officer Kottayam East Police Station on all Thursdays until further orders. B) The petitioner shall not leave the limits of Kottayam District without previous intimation to the District Superintendent of Police, Kottayam. 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 Bail Appln.Nos.6390, 6392, 6394, 6397 & 6404/2011 : 4 : mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE skj