IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 Bail Appl..No. 5704 of 2009() --------------------------------------- CMP.1870/2009 of J.M.F.C.-III,THRISSUR CRIME NO.538/2008 OF OLLUR POLICE STATION, THRISSUR.. .................... PETITIONER/PETITIONER/ACCUSED NO.2: ------------------------------------------------------ ASKARALI,AGED 32 YEARS,S/O.MOHAMMED, RESIDING AT KUNNATHUPADICKAL HOUSE, KAZHAMBU CHIRAN P.O. SULTHAN BATHERY, WAYANAD DISTRICT. BY ADV. SRI.A.T.ANILKUMAR SRI.A.V.JAMES SRI.P.DALBI EMMANUEL RESPONDENT/ RESPONDENT/COMPLAINANT: -------------------------------------------------------------------- THE STATE OF KERALA, REP. PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, REP.BY THE CIRCLE INSPECTOR OLLUR POLICE STATION IN CRIME NO.538/2008. SRI.M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5704 of 2009 ------------------------------------ Dated this the 12th day of October, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No. 2 in Crime No. 538/2008 of Ollur Police Station, Thrissur. 2. The offence alleged against the petitioner is under Section 379 read with Section 34 of the Indian Penal Code. 3. The allegation against the accused persons is that they committed theft of Ashoka Leyland lorry and sold the same to Venkitesh @ Sakthivel. The petitioner was arrested in connection with another case on 26/8/2009 and his formal arrest was recorded in the present case on 29/8/2009. 4. Taking into account the facts and circumstances of the case, 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 granted to the petitioner. 5. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like B.A. No. 5704 /2009 2 amount to the satisfaction of the Judicial Magistrate of the First Class-III, Thrissur 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 and Thursdays, 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 scm