IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 Bail Appl..No. 3906 of 2009() ------------------------------------- CRIME NO.62/2009 OF VELLARADA POLICE STATION, THIRUVANANTHAPURAM. PETITIONER/IST ACCUSED: ------------------------------------------ VIJAYAN, AGED 35 YEARS, S/O.REGHU PANICKER, VINEETH BHAVAN, ELIVALANKONAM, DHALUMMUGHAM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.BLAZE K.JOSE RESPONDENT/ COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, VELLARADA POLICE STATION. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.3906 of 2009 ------------------------------------ Dated this the 7th day of August, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.62/2009 of Vellarada Police Station. 2. The offence alleged against the petitioner is under Section 379 of the Indian Penal Code. 3. It would appear that on 28/02/2009, the 6th accused was taken to custody in another crime and a confession statement was given by him. He stated in the confession statement that he along with some other accused including the petitioner committed theft of two teak trees from the property of one Rudran Kani on 6/12/2008. Crime No.62/2009 was registered in respect of incident of theft of the teak trees. The petitioner apprehends arrest in Crime No.62/2009. It is submitted that Rudran Kani has not made any petition before the police or any complaint before the court in respect of the incident. It is submitted by the counsel B.A. No.3906/2009 Page numbers for the petitioner that apart from the confession statement of the 6th accused, there is no material to connect the petitioner with the crime. It is not necessary to arrive at any finding on this aspect while disposing of this Bail Application. 4. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, 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 B.A. No.3906/2009 Page numbers 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 to the extent indicated above. K.T. SANKARAN, JUDGE scm