IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 Bail Appl..No. 6736 of 2008() ----------------------------- CRIME NO.356/08 OF TOWN POLICE STATION, KOZHIKODE PETITIONER/2ND ACCUSED ------------------------------------------ N.V.MUHAMMED RAFI, S/O.KOYAKUTTY, MARAIYANBI HOUSE, SOUTH BEACH, PARAPPIL.P.O, NAGARAM AMSOM DESOM, KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT/ STATE --------------------------------- 1. THE SUB INSPECTOR OF POLICE, TOWN POLICE STATION, KOZHIKODE. 2. STATE REP;BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.AMJAD ALI THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/11/2008, ALONG WITH BA NO. 6813 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6736 of 2008 & B.A.No.6813 of 2008 ----------------------------------------- Dated this the 10th November, 2008 O R D E R This petitions are for bail. 2. The alleged offences are under Sections 457 and 380 read with 34 of the Indian Penal Code. Petitioner in B.A.No.6736 of 2008 is second accused and petitioner in B.A.No.6813 of 2008 is first accused in the same crime. According to prosecution, 5 kg of Copper Wire and some parts of vehicle were found in possession of petitioners which are allegedly stolen by them. 3. Learned counsel for petitioners submitted that petitioners are in custody from 10.9.2008 onwards, for the past 60 days. Charge sheet has already been laid and petitioners are not required for investigation and hence, they may be granted bail, it is submitted. 4. Learned Public Prosecutor pointed out that there are other crimes against the accused. First accused is an accused in a case involving offences under Sections 326 and 308 IPC and second accused is also involved in a case under Sections 323 and 326 IPC. Hence, stringent condition may be imposed while granting bail, it is submitted. BA.6736 & 6813/08 2 5. On hearing both sides, bail is granted to petitioners on the following terms and conditions: i) Petitioners 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) Petitioners shall report before the investigating officer on every Monday and Thursday between 10 AM and 1 PM until further orders. iii). Petitioners shall not leave the limits of the police station within which the crime is registered, except with the previous permission of the Magistrate Court concerned. iv) Petitioners shall not tamper with evidence or influence the witnesses or intimidate them or commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petitions are allowed. K.HEMA, JUDGE vgs.