IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 Bail Appl..No. 7605 of 2008() ----------------------------- Crl. M.C. No. 2164/2008 of Sessions Court, Ernakulam .................... PETITIONER/ACCUSED ---------------------------------- S.DASAN NAIR, AGE 56/08, S/O.P.SREEDHARAN NAIR, R/A 45/2160 L, KARSHAKA ROAD, VADUTHALA, ERNAKULAM. BY ADV. SRI.T.B.SHAJIMON RESPONDENT/COMPLAINANT ------------------------------------------- STATE OF KERALA, REP. BY INSPECTOR OF POLICE, MULAMTHURUTHY POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY GOVERNMENT PLEADER SRI. K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/12/2008, THE COURT N THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ~~~~~~~~~~~~~~~~~~~~~~~ B.A. No. 7605 OF 2008 ~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 18th day of December, 2008 O R D E R Petition for bail. 2. According to prosecution, A1 to A4 in furtherance of their common intention misappropriated certain articles like formic acid and PVC - SGT and thereby committed offence under Section 409 r/w s.34 of IPC. The first accused was an employee in the de facto complainant`s company. Second and third accused are drivers of the lorry in which these articles were transported. Fourth accused is to whom these articles were given. 3. Petitioner was arrested on 24.11.08 and he is in custody since then. Learned public prosecutor submitted that articles were recovered and he has no objection in granting bail on stringent conditions. The head office of the company is at Bomaby and petitioner is working in Ernakulam district. On hearing both sides, I am satisfied that bail can be granted to the petitioner on conditions. Hence the following order B.A. 7605/2008. : 2 : is passed: (i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. (ii) Petitioner shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. (iii) Petitioner shall not leave limits of the police station within which the crime is registered except with prior permission of the learned Magistrate. (iv) Petitioner shall not influence or intimidate any witnesses or tamper with evidence or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. (K. HEMA, JUDGE) KMD