IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 Bail Appl..No. 4128 of 2010() ----------------------------- CRIME NO.369/2010 OF ERATTUPETTA POLICE STATION, KOTTAYAM .................... (S): PETITIONER/ACCUSED: --------------------------------------- GOPINATHAN PILLAI, S/O.PRABHAKARAN PILLAI, AGED 35 YEARS, PALATHARA HOUSE, PARATHODU VILLAGE, NEDUMKANDAM, IDUKKI. BY ADV. SRI.A.MOHAMMED RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.4128 of 2010 ---------------------------------------------- Dated 12th July, 2010. O R D E R This petition is for bail. 2. The alleged offences are under Sections 411, 457, 380 and 461 read with Section 34 of the Indian Penal Code. According to prosecution, in the night on 29.4.2010, petitioner (A1) broke open the window of the shop belonging to defacto complainant and after entering the shop, committed theft of 16 mobile phones and Rs.750/- from the shop. Some of the stolen articles were received by second accused knowing them to be stolen. 3. Petitioner is the first accused. Learned counsel for petitioner submitted that petitioner was arrested on 1.6.2010 and he is in custody for the past 40 days. Learned Public Prosecutor submitted that though 16 mobile phones are allegedly stolen, all the phones are not recovered so far. Learned counsel for petitioner submitted that no application is filed for custody of petitioner, if the prosecution intended to effect recovery in full. Learned Public Prosecutor also submitted that no other crime is reported against petitioner. BA NO. 4128/10 2 4. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. Hence, the following order is passed : Petitioner shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court concerned, on the following conditions : (i) Petitioner shall report before the Investigating Officer on alternate days between 10 a.m. and 1 p.m. until further orders. (ii) Petitioner shall not leave the limits of the police station, within which crime is registered, except with prior permission of the learned Magistrate. (iii) Petitioner shall not influence or intimidate any witness or tamper with evidence. (iv) In case the petitioner is involved in any offence of similar nature, his bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE. tgs