IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 Bail Appl..No. 6925 of 2011() ----------------------------- CMP.4343/2011 of J.M.F.C.-I, KANNUR Crime No. 1060 of 2011 of Kannur Town Police Station. .................... PETITIONER/ACCUSED -------------------------------------- SMT.THAHIRA, D/O.KUTTY HASSAN, AGED 39 YEARS, LIVE SHORE APARTMENT, KANNUR. BY ADV. SRI.V.RAMKUMAR NAMBIAR RESPONDENT(S): COMPLAINANT: --------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, KANNUR TOWN POLICE STATION, KANNUR DISTRICT-620 003. BY P.P.SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/08/2011,A/W. BA NO.6924/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- B.A.Nos.6925 & 6924 OF 2011 -------------------------------------------- Dated this the 31st day of August, 2011 ORDER These are applications for bail under Section 439 of the Code of Criminal Procedure filed by Thahira, the accused in Crime Nos. 1060 of 2011 and 1061 of 2011 of Kannur Town Police Station. 2.The offence alleged against the petitioner is under Section 393 and 392 of the Indian Penal Code respectively in Crime No.1060 of 2011 and 1061 of 2011. 3.The prosecution case is the following: On 12.8.2011 at about 3.45 P.M, the defacto complainant and her family members were shopping at Kalyan Sarees and Silks at Kannur. At that time, the accused tried to snatch a gold chain worn by the daughter of the defacto complainant, who is aged only 5 years. The defacto complainant made a hue and cry. The petitioner ran B.A.Nos.6925 & 6924 OF 2011 2 away. However, the security staff of the shop prevented her. Police was informed. She was arrested by the police. On search of her body, police found a gold chain in her purse. She could not account for the same. Accordingly, Crime No.1061 of 2011 was registered, the offence under Section 392 of the Indian Penal Code. In respect of the offence of attempting to snatch the gold chain of the defacto complainant's daughter, Crime No.1060 of 2011 under Section 393 of the Indian Penal Code was registered. 4. As stated earlier, as the petitioner was arrested on 12.8.2011, and she was remanded to judicial custody. 5. The learned counsel for the petitioner submitted that the petitioner has some psychological disorder. Her first husband passed away. Her second husband divorced her. Her third husband is not in good terms with her. 6.Taking into account the facts and circumstances of the case, and also taking note of the fact that the petitioner is a woman, aged 35 years, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be B.A.Nos.6925 & 6924 OF 2011 3 granted to the petitioner. 7.The petitioner shall be released on bail on her executing bond for `25,000/- each (Rupees Twenty Five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kannur, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M on all Mondays, till the final report is filed or until further orders. B) The petitioner shall appear before the investigating officer for interrogation as and when required; C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) 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 cms