IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932 Bail Appl..No. 4359 of 2010() ----------------------------- (CRIME NO.437/2010 OF CANTONMENT POLICE STATION) PETITIONER/ACCUSED(PRESENTLY UNDER CUSTODY) --------------------------------------------------------------- RATHEESH, S/O.SUKUMARAN, OOTTUKUZHI ROADARIKATHU VEEDU, MANGALAKKAL WARD, KULATHUMMAL VILLAGE,NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.C.V.MANUVILSAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA , REPRESENTED BY THE SUB INSPECTOR OF POLICE, CONTONMENT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM PUBLIC PROSECUTOR SRI. V. TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- B.A. No. 4359 of 2010 --------------------------------------------------- Dated this 22nd day of July, 2010. ORDER Petition for bail. 2. The alleged offences is under Section 379 read with Sec.34 of IPC. According to prosecution, petitioner along with first accused, in furtherance of common intention, committed theft of insulated cables and other articles belonging to de facto complainant. On 19.6.2010 at about 5.45 p.m. while they were transporting the articles in an autorickshaw driven by second accused, the police arrested them and the articles were seized. 3. Learned counsel for petitioner submitted that second accused is a juvenile. Petitioner is totally innocent of the allegations. He only hired the autorickshaw. Second accused was granted bail and it only to strengthen the case of prosecution that petitioner is implicated. Petitioner is in custody for the past 33 days. [B.A.No.4359/2010] 2 4. Learned Public Prosecutor submitted that petitioner is involved in one more case of similar nature and the trial has commenced in that case. Charge is laid. Therefore, stringent conditions may be imposed to ensure his presence during trial. This petition is not opposed, subject to the condition. 5. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. Hence, the following order is passed : Petitioner shall be released on bail on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the court concerned, on the following conditions : (i) Petitioner shall report before the S.H.O. on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. (ii) Petitioner shall not leave the limits of the police station within which crime is registered, except with prior permission of the learned Magistrate. (iii) Petitioner shall not influence or intimidate any witness or tamper with [B.A.No.4359/2010] 3 evidence. (iv) In case the petitioner is involved in any offence of similar nature, his bail is liable to be cancelled. Petition is allowed. K. HEMA, JUDGE. Krs.