IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 12TH JANUARY 2010 / 22TH POUSHA 1931 Bail Appl..No. 7739 of 2009() ---------------------------------------- CRIME NO.1253/2009 OF NORTH PARAVUR POLICE STATION. ............... PETITIONER/IST ACCUSED --------------------------------------- RENJITH BABU, AGED 30 YEARS, S/O.MURALEEDHARAN, PUTHENVEETTIL, THAZHATHALACHERRY, ADICHANALLOOR, KOLLAM DISTRICT. BY ADV. MR.J.JAYAKUMAR SMT.JIJI. S. RESPONDENT(S): ------------------------ THE CIRCLE INSPECTOR OF POLICE, NORTH PARAVUR POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.V. TEKCHAND. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. K.T. SANKARAN, J. --------------------------- B.A. No. 7739 of 2009 ------------------------------------ Dated this the 12th day of January, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No. 1253/2009 of North Paravur Police Station. 2. The offences alleged against the petitioner are under Sections 379, 201, 468 and 471 read with Section 34 of the Indian Penal Code. 3. The prosecution case is the following: On 18.09.2009, a Santro Car belonging to the de facto complainant was stolen. On 23.10.2009, the Kollam East Police intercepted the Santro car. On inspection, it was found that toddy was kept inside the car. The accused persons, who were available in the car ran away on seeing the police. On 07.11.2009, the first accused was arrested. Investigation revealed that accused No.3 had stolen the vehicle and accused No.1 had taken the car from accused No.3 on an agreement. Investigation also revealed that accused No.1 and 2 had changed the registration number of the car to facilitate the commission of an offence. B.A. No. 7739 of 2009 2 4. Formal arrest of the petitioner was recorded in the present case on 10.11.2009. Accused No.3 is not arrested so far. 5. The learned Public Prosecutor submitted that the petitioner is involved in another crime registered by Kottiyam Police Station. 6. The learned counsel for the petitioner submitted that the petitioner was actually arrested on 02.11.2009 and not on 07.11.2009, as alleged by the prosecution. For the purpose of disposal of the Bail Application, it is not necessary to consider the dispute regarding the date of arrest. 7. The petitioner is in judicial custody since 10.11.2009. 8. 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 on stringent conditions. 9. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, North Paravur subject to the following conditions:- B.A. No. 7739 of 2009 3 A) The petitioner shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, 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 surrender his passport, if any, before the Court of the Judicial Magistrate of the First Class, North Paravur within one week from today. If the petitioner does not hold an Indian Passport, an affidavit to that effect shall be filed before the learned Magistrate. D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. F) 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 ln