IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 14TH JANUARY 2010 / 24TH POUSHA 1931 Bail Appl..No. 7877 of 2009 CRIME NO.269 OF 2009 OF VIZHINJAM POLICE STATION PETITIONER/3RD ACCUSED. ------------------------------------------- NANDA KUMAR, (WRONGLY REFERRED TO AS NANDA KUMAR @ THADY KUMAR IN ANNEXURE - A ORDER), S/O. MURUKESHAN, AGED 39 YEARS, PALLIVILAKATHU VEEDU, RC STREET, BALARAMAPURAM, PALLICHAL VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. RESPONDENT: COMPLAINANT. --------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7877 OF 2009 ------------------------------------------------------ Dated this the 14th day of January, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.269 of 2009 of Vizhinjam Police Station. 2. The offence alleged against the petitioner is under Section 379 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that a Hero Honda Splendor motor bike, belonging to the de facto complainant, was stolen by accused Nos.1 and 2. The allegation against the petitioner is that he purchased the motor bike from accused Nos.1 and 2, knowing fully well that the bike was a stolen article. The petitioner was arrested on 2.12.2009 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in another case of similar nature. B.A. NO. 7877 OF 2009 :: 2 :: 5. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of theft or the offence of receiving stolen property or any other allied offence while on bail in the present case. This undertaking is recorded. 6. 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. 7. 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 -II, Neyyattinkara, 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, 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; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; B.A. NO. 7877 OF 2009 :: 3 :: 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/