IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 Bail Appl..No. 5368 of 2009() ----------------------------- CRIME NO.371/2009 OF KODUNGALLUR POLICE STATION .................... PETITIONER/ACCUSED NO.3 ------------------------------------------- SHAMSUDHEEN, S/O.MUHAMMEDALI, AGED 38 YEARS, PARAKKAL HOUSE, M.H.KAVALA, PONASSERI, VENGOLA P.O. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM REP. BY SUB INSPECTOR OF POLICE, KODUNGALLUR POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5368 of 2009 --------------------------------------------- Dated this the 29th day of September, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.371 of 2009 of Kodungallur 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 accused Nos.1 and 2 committed theft of a motor bike. They sold the same to the third accused for a sum of Rs.6,000/-. Accused No.3 sold the vehicle for a sum of Rs.15,000/- to another person. The petitioner was arrested in connection with another theft case and his formal arrest was recorded in this case on 11.8.2009. 4. It is submitted by the learned Public Prosecutor that recovery of the vehicle is not effected. The learned Public Prosecutor also submitted that since the petitioner is involved in another case of theft, it is likely that the petitioner may indulge in similar criminal activities, if he is released on bail. BA No.5368/2009 2 5. The learned counsel for the petitioner submitted that the petitioner undertakes that he will not commit any offence, if bail is granted to him. 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, the present stage of investigation and also the undertaking made by the petitioner, I am of the view that bail can be granted to the petitioner on stringent conditions. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-Kodungallur, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday and Thursday, 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; BA No.5368/2009 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 csl