IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 24TH AUGUST 2011 / 2ND BHADRA 1933 Bail Appl..No. 6708 of 2011 CMP.5831/2011 OF J.M.F.C.-II, KOTTARAKKARA CRIME NO.557 OF 2011 OF CHADAYAMANGALAM POLICE STATION, KOLLAM. PETITIONER : ACCUSED NO.1 -------------------------------- RATHEESH, S/O. RAMACHANDRAN NAIR, BHAVANA HOUSE, KANNIMEL MURI, KILIKOLLOOR VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6708 OF 2011 ------------------------------------------------------ Dated this the 24th day of August, 2011 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.1 in Crime No.557 of 2011 of Chadayamangalam Police Station, Kollam District. 2. The offences alleged against the accused are under Sections 379 and 381 read with Section 34 of the Indian Penal Code. 3. The allegation is that while working as the Manager of Popular Food Products and Cashew Factory, a private sector undertaking, on 10.5.2011, the petitioner committed theft of 85 sacks of raw cashew nuts worth `5,10,000/- from the Factory. The petitioner was arrested on 27.7.2011 and he was remanded to judicial custody. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, BAIL APPL. NO.6708 OF 2011 :: 2 :: the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. 5. The petitioner shall be released on bail on his executing bond for Rupees Fifty thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class II, Kottarakkara, 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; 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/