IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 Bail Appl..No. 5645 of 2009() ----------------------------- CRIME NO.888/2009 OF MATHILAKAM POLICE STATION PETITIONERS/ACCUSED 1 & 2 --------------------------------------------- 1. RAZAK, S/O.MOHAMMEDALI, ALUNGAL HOUSE, PALAPETTY P.O., VELIYAMKODU. 2. SUNIL @ SUNILDATH, S/O.ABDULLA, MELETHALAKKAL HOUSE, KUNNAMKULAM, PAREPADOM. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5645 of 2009 --------------------------------------------- Dated this the 7th day of October, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.888 of 2009 of Mathilakam Police Station. 2. The offence alleged against the petitioners is under Section 379 read with Section 34 of the Indian Penal Code. 3. The petitioners were arrested on 14.9.2009 and they are in judicial custody since then. The prosecution case is that the accused persons were found in suspicious circumstances in the bus stand premises on 14.9.2009. They were taken to the police station. A purse containing Rs.7,000/- was found in possession of the first accused and a mobile phone was found in possession of the second accused. The investigation revealed that the petitioners are involved in the offence of pick pocketing. It was also revealed that accused Nos.3 and 4, conductor and cleaner of the bus in which the offence was committed, are also involved in the offence. They were also arrested. Charge was laid in the case on 22.9.2009. BA No.5645 /2009 2 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and also the fact that charge was laid in the case, I am of the view that bail can be granted to the petitioners. The petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kodungallur, subject to the following conditions: a) The petitioners shall report before the Station House Officer, Mathilakam Police Station between 9 A.M. and 11 A.M. on every Monday and Thursday until further orders; b) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; d) 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 csl