IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 Bail Appl..No. 5881 of 2009() ----------------------------------------------- CRMP.1228/2009 of DISTRICT COURT, PATHANAMTHITTA CRIME NO.595/2009 OF ARANMULA POLICE STATION, PATHANAMTHITTA .................... PETITIONERS/ ACCUSED: -------------------------------------- 1. PUSHPAM, W/O. SHINGARAJ VADAKKUTHERUVU, CHOKKANPETTY.P.O., THENKASI TALUK TAMILNADU, NOW RESIDING AT HOUSE OF THOMAS, MARUTHOORKADAVU, PANNIVELICHIRA, THEKKEMALA, KOZHENCHERRY. 2. KASHI THAI, W/O. MANI, KEELTHERUVU, PERIYAKOVILAKULAM, SANKARANKOVIL TALUK, TAMILNADU, NOW RESIDING AT HOUSE OF P.J.ABRAHAM, PALANKUZHI JOY VILLA, PANNIVELICHIRA KOZHENCHERRY. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENTS/COMPLAINANT: ------------------------------------------------ 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, ARANMULA POLICE STATION, ARANMULA. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5881 of 2009 ------------------------------------ Dated this the 13th day of October, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.1 accused 2 in Crime No.595/2009 of Aranmula Police Station, Pathanamthitta. 2. The offence alleged against the petitioners is under Section 379 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that the accused persons committed theft of 16 batteries from the compound where B.S.N.L tower was proposed to be installed. 4. The petitioners were arrested on 23/8/2009. Six batteries were recovered. It is stated that the value of the batteries would come to Rs.96,000/-. The 3rd accused is not arrested so far. The petitioners are in judicial custody from 23/8/2009 onwards. They belong to Tamil Nadu. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the B.A. No. 5881/2009 2 petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners, on stringent conditions. 6. The petitioners shall be released on bail on their executing a bond for Rs. 50,000/- each with two solvent sureties, who own immovable properties in the State of Kerala, each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Pathanamthitta subject to the following conditions:- A) The petitioners 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 petitioners shall appear before the Investigating Officer for interrogation as and when required. C) The petitioners shall not leave the limits of Aranmula Police Station without prior intimation in writing to the Station House Officer, Aranmula Police Station. D) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. E) In case of breach of any of the conditions B.A. No. 5881/2009 3 mentioned above, the bail shall be liable to be cancelled. It is made clear that the sureties shall produce their title deeds before the Judicial Magistrate of the First Class-I, Pathanamthitta for perusal. The Bail Application is allowed as above. K.T. SANKARAN, JUDGE scm