IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 Bail Appl..No. 4617 of 2008(F) ---------------------------------------- CRIME NO.404/2008 OF PATHANAPURAM POLICE STATION PETITIONERS/ACCUSED 1 & 2 : --------------------------------------------- 1. SHEEJA, D/O.LAKSHMI, KUTTIMANOOR VEEDU, KARAVOOR MURI, PIRAVANTHAOOR VILLAGE. 2. SANTHA, D/O.JANAMMA, VATTAKARIKKAM THADATHARIKATHU VEEDU, BHARATHANNOOR MURI, PANGODU VILLAGE, KALLARA, NEDUMANGADU TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.B.MOHANLAL SRI.A.SANIL KUMAR RESPONDENT/COMPLAINANT : -------------------------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PATHANAPURAM POLICE STATION, KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 4617 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of July, 2008 O R D E R Application for bail. 2. The alleged offences are under sections 380, 414 read with section 34 IPC. According to the prosecution, 1st accused committed theft of 8.25 gms. of gold ornaments from the house of the defacto-complainant and 2nd accused assisted him in concealing the ornaments. 3. The alleged incident occurred on 26-6-2008 at 10 a.m. and the petitioners were arrested on 2-7-2008. The charge sheet has been laid in this case and hence petitioners' presence may not be required for investigation. But when this case was heard on 23-7-2008, by an inadvertent mistake, the learned Public Prosecutor submitted that investigation is in the early stage and the application was opposed on that ground. The application was therefore dismissed by dictating the order in open court. After the dismissal of the application and before the order was signed, it was brought to my notice by the learned Public Prosecutor on the same day that he made the submissions based on the earlier instructions given, but subsequently it is BA 4617/08 -2- brought to his notice that the charge sheet has been laid on 19-6-208. Hence, at his request, the case was posted for “to be spoken to” and it is heard again today. 4. Learned counsel for the petitioners submitted that the petitioners are women and they are not involved in any other crime. The 1st petitioner has a child aged four years and both the petitioners are prepared to appear before the court on all postings during trial. 5. On hearing both sides, I am satisfied that the petitioners' presence may not be required for investigation and for that purpose their detention will not be required. It is also submitted that petitioners are permanently residing in Kollam district and there is no chance for absconding. Taking all these circumstances, I find that bail can be granted to the petitioners on conditions. 6. The petitioners are granted bail on the following terms and conditions:- The petitioners shall be released on bail on their executing a bond for Rs.25,000/- each with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate on condition that the petitioners shall not commit any offence while on bail and in case BA 4617/08 -3- of breach of this condition, bail is liable to be cancelled. The application is allowed. K. HEMA, JUDGE. mn.