IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 Bail Appl..No. 6737 of 2011() ------------------------- CMP.1262/2011 of J.M.F.C.,KOLENCHERRY CRIME NO.475/2011 OF MULAMTHURUTHY POLICE STATION .................... PETITIONER/ACCUSED NO.4 -------------------------- RENJITH.S.DEV, AGED 18 YEARS, S/O. JINADEVAN, SREEVALSAM, THOTTAPPADY, VELIYANADU, ERNAKULAM DISTRICT. BY ADV. SRI.M.MANOJKUMAR (CHELAKKADAN) RESPONDENT: COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6737 of 2011 ---------------------------------------------- Dated this the 25th day of August, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.4 in Crime No.475 of 2011 of Mulamthuruthy Police Station. 2. The offences alleged against the petitioner are under Sections 454, 461, 380 and 411 read with Section 34 of the Indian Penal Code. 3. The prosecution case is the following:- On 30/07/2011, accused Nos.1 and 3 removed the tiles of the house of the de facto complainant, entered into the house and committed theft of gold ornaments worth `2,33,735/- and cash of `1,000/-. The theft was committed at 8.30 A.M. when the de facto complainant had gone to the hospital where his grandchild was admitted. There was nobody in the house. Accused No.2 guarded the scene of occurrence to ensure the safety of accused Nos.1 and 3. The allegation is that accused No.4 who is also a neighbour of the Bail Appln.No.6737/2011 : 2 : de facto complainant and the other accused helped accused Nos.1 to 3 to sell the stolen property in a jewellery. The petitioner was arrested on 31/07/2011. After completing the investigation, charge sheet was filed on 09/08/2011. It is submitted by the learned counsel for the petitioner that the petitioner just completed 18 years of age. 4. Taking into account the facts and circumstances of the case, the nature of the offences and also taking note of the fact that the petitioner is aged only 18 years, the duration of the judicial custody undergone by the petitioner, and that the charge was laid, I am of the view that bail can be granted to the petitioner. 5. The petitioner shall be released on bail on his executing bond for `25,000/- (Rupees Twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kolanchery, subject to the following conditions: A) The petitioner shall report before the Sub Inspector of Police, Piravom between 9 A.M. and 11 A.M. on alternate Mondays till the trial is over or until further orders; Bail Appln.No.6737/2011 : 3 : B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. D) 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 skj