IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 8TH JULY 2009 / 17TH ASHADHA 1931 Bail Appl..No. 3219 of 2009() ----------------------------- CMP.1221/2009 IN CRIME NO.168/2009 OF PEECHI POLICE STATION .................... PETITIONERS/ACCUSED: ---------------------------------------- 1. SHAMEER @ VAMBAN, S/O.IBRAHIM, AGED 24 YEARS, KUNNUMMAL HOUSE, OMASSERY, KOZHIKODE. 2. MOHANDAS @ DASAN, S/O.CHOYI, AGED 38 YEARS, POTTAMMAL, CHEEDIKUZHY, ILAMARAM ROAD, EDAVANNAPPARA, VAZHAKADA, MALAPPURAM. 3. SIDDIQUE, S/O.AHAMMED, PUTHUPARAMBIL HOUSE, THRIKKODITHANAM, CHANGANASSERY, KOTTAYAM. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING CIRCLE INSPECTOR OF POLICE, OLLUR POLICE STATION. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/07/2009, ALONG WITH BA NO. 3221 OF 2009 BA NO. 3222 OF 2009 BA NO. 3122 OF 2009 BA NO. 3123 OF 2009 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ B.A.No.3219 of 2009 ------------------------------- Dated this the 8th day of July, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the third accused in Crime No.168 of 2009 of Peechi Police Station. 2. The offences alleged against the petitioner are under Sections 379 and 411 read with Section 34 of the Indian Penal Code. 3. The allegation against the petitioner is that he and his associates, who are the other accused in the case, had committed theft of lorries from different places and sold the same to Venkitesh @ Sakthivel, who is the fifth accused. The offence alleged against Venkitesh @ Sakthivel is under Section 411 of the Indian Penal Code. The petitioner was arrested on 3.5.2009 in connection with another crime registered at Mannarkkad Police Station and his formal arrest was recorded subsequently. 4. Learned public prosecutor submitted that the petitioner is involved in several other cases of similar nature. It is submitted that the investigation is at the final stage and recoveries were made on the basis of confession statement. Learned public prosecutor also stated BA No.3219/2009 2 that the other accused persons in the case were also arrested. 5. 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. 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-III, Thrissur, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all 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; 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