IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 6TH MAY 2010 / 16TH VAISAKHA 1932 Bail Appl..No. 2391 of 2010() ----------------------------- (CRIME NO.170/2010 OF KATTAPPANAN POLICE STATION) PETITIONER/ACCUSED -------------------------------------- AJITH,AGED 22,S/O.RAMACHANDRAN, THANNIMALAYIL(CHARUVILA)HOUSE, ATHIYARPURAM COLONY BHAGOM, PAMPADUMPARA KARA. BY ADV. SRI.S.SACHITHANANDA PAI RESPONDENT(S): COMPLAINANT --------------- STATE OF KERALA,REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.P.RAVINDRA BABU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q.BARKATH ALI, J. - - - - - - - - - - - - - - - - - - - - - B.A.No.2391 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of May, 2010 ORDER This is a bail application filed by the second accused in Crime No.170/2010 of Kattappana Police Station, Idukki district under Section 439 of Cr.P.C. 2. The allegation against the petitioner is that on March 2, 2010, he along with two other persons committed house tresspass and theft of 263 kg. of coffee beans of the defacto complainant and thereby committed the offence punishable under Sections 457, 380 read with Section 34 of IPC. Petitioner was arrested on March 20, 2010 and he is in remand thereafter. The Judicial Magistrate of First Class I, Kattappana dismissed his bail application. 3. It is alleged in the petition that petitioner is innocent of the offence alleged against him and that if released on bail, he will abide by any condition that may be imposed by this court. 4. Notice given to the learned Public Prosecutor. This petition is opposed by the learned Public Prosecutor. 5. Heard learned counsel for the petitioner and the learned Public Prosecutor. B.A.No.2391/2010 2 6. For the following reasons, I am inclined to grant bail to the petitioner. Petitioner is in remand from 20/03/2010 onwards. Further, Public Prosecutor submits that investigation in this case is almost over and that he is involved in another crime - Crime No.162/2010 of Kattappana police station. However, taking into consideration the fact that petitioner is aged only 22 and that he is now working as a teacher in Computer Institution, I feel that petitioner can be released on bail, but subject to conditions. 7. In the result, the petition is allowed. The petitioner shall be released on bail on his executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties for like sum each to the satisfaction of the lower court on the following conditions:- 1) The petitioner shall appear before the Investigating Officer on all Mondays between 9 AM and 10 AM. 2) The petitioner shall not commit similar offence while on bail. 3) The petitioner shall co-operate with the investigation and shall not try to influence the prosecution witnesses or tamper with the evidence. 4) Petitioner shall not leave the limits of the jurisdiction of the lower court without prior permission. B.A.No.2391/2010 3 5) If the petitioner violates any of the conditions mentioned above, lower court can cancel his bail. P.Q.BARKATH ALI, JUDGE sv. B.A.No.2391/2010 4