IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 24TH JANUARY 2011 / 4TH MAGHA 1932 Bail Appl..No. 425 of 2011() --------------------------------------- CRIME NO.402 OF 2010 OF HOSDURG POLICE STATION, KASARAGOD DISTRICT ------------------------------- PETITONER/2ND ACCUSED ----------------------------------------- B.M.THAHIRA,AGED 36 YEARS, W/O.ABDULRAHIMAN.K, BMK(H),AVIYIL,KANHANGAD,HOSDURG VILLAGE,KASARAGOD DISTRICT (UNDER CUSTODY). BY ADVS. SRI.M.RAMESH CHANDER SMT.K.A.SANJEETHA SRI. ANEESH JOSEPH SMT.AJITHA.C.J RESPONDENT(S): STATE ------------------------------------- STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. KOCHI-31. BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/01/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V. RAMKUMAR, J. ---------------------------------------------- Bail Application No.425 of 2011 ----------------------------------------------- Dated this the 24th day of January, 2011 ORDER In this Petition filed under Section 439 Cr.P.C., the petitioner, who is accused No.2 in Crime No.402 of 2010 of Hosdurg Police Station for offences punishable under Sections 454, 380 & 461 I.P.C., seeks her enlargement on bail. The petitioner was arrested on 03/12/2010. 2. Even though learned Public Prosecutor opposed the application contending inter alia that from out of the 15 Kgs of gold which were robbed from Rajadhani Jewellery by A1 the nephew of the petitioner a lady, 1.2 Kg of the ornaments have been seized from the Pawnee consequent on the confession by the petitioner, having regard to the fact that the petitioner has been in custody ever since 3/12/2010 and she is a lady, I am inclined to invoke the proviso to Sec.437(1) Cr.P.C. in her favour. 3. Having regard to the nature of the offences, the duration of judicial custody undergone by the petitioner, the Bail Appln.No.425/2011 -2- present stage of investigation of the case and the other circumstances of the case etc., I am inclined to grant bail to the petitioner. Accordingly, the petitioner is directed to be released on bail with effect from 26/01/2011 on her executing a bond for `15,000/- (Rupees fifteen thousand only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate concerned and subject to the following conditions:- 1. The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays and Saturdays. 2. The petitioner shall stay confined to the limits of Hosdurg Police Station until further orders to be passed by the court concerned. 3. The petitioner shall make herself available for interrogation as and when required by the police at any time till the filing of the final report. 4. The petitioner shall not influence or intimidate the prosecution witnesses nor shall she attempt to tamper with the evidence for the prosecution. Bail Appln.No.425/2011 -3- 5. The petitioner shall not commit any offence while on bail. If the petitioner commits breach of any of the above conditions, the bail granted to her shall be liable to be cancelled. This application is allowed as above. V.RAMKUMAR, JUDGE skj