IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 Bail Appl..No. 10519 of 2011() ------------------------------ CRIME NO.909/2011 OF KOTTAYAM WEST POLICE STATION .................... PETITIONERS/ACCUSED 1 AND 2 ------------------------------------- 1. GEETHA, AGED 32 YEARS, W/O.REJI, ARANGATHUMALIYIL VEEDU, NAGAMPADAM, KOTTAYAM. 2. INDU, AGED 34 YEARS, W/O.MADHU, PUTHENPARAMBU VEEDU, PULLARIKKUNNU, PERUMBADIKKADU, KOTTAYAM. BY ADV. SRI.JOSEKUTTY MATHEW RESPONDENT(S): COMPLAINANT/STATE -------------------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, KOTTAYAM WEST POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.10519 of 2011 --------------------------- Dated this the 22nd day of December, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.909 of 2011 of Kottayam West Police Station. 2. The offences alleged against the petitioners are under Sections 457, 461 and 380 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 21.10.2011 at 2.15 P.M., the accused trespassed into the house of the de facto complainant and committed theft of gold ornaments weighing 10.5 sovereigns. It is stated that the petitioners requested the de facto complainant to provide facility for changing their dress. The de facto complainant allowed them to change the dress in the dressing room. It is alleged that the petitioners broke open the shelf and committed theft of gold ornaments. BA 10519/11 2 4. The petitioners were arrested on 1.11.2011. Accused No.3 is not arrested so far. 5. Taking into account the fact that the petitioners are women and also taking note of the fact that the petitioners are not involved in any other offence of similar nature, I am inclined to grant bail to the petitioners. The petitioners shall be released on bail on their executing bond for ` 25,000/- (Rupees Twenty Five Thousand only) each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-III, Kottayam, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays for a period of one month and thereafter on all Mondays, till the final report is filed or until further orders; b) The petitioners shall appear before the investigating officer for interrogation as and when required; BA 10519/11 3 c) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioners 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 csl