IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 Crl.MC.No. 1033 of 2011() ------------------------- CMP.918/2011 of JUDL.MAGISTRATE OF FIRST CLASS-I, CHENGANNUR .................... (CRIME NO.504/2006 OF CHENGANNUR POLICE STATION) ..... PETITIONER(S): ACCUSED NO.2: ------------------------------------------------- AMAR CHANDRAKANTH SHITTOLE, S/O.CHANDRAKANTH RAMACHANDRA SHITTOLE,NEVRI ROAD, SIVAJI NAGAR,VITTA VILLAGE,KANATUR TALUK, SANGLI DISTRICT,MAHARASHTRA. BY ADVS. SRI.R.BINDU (SASTHAMANGALAM), SRI.M.SUNILKUMAR. RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1033 of 2011 -------------------------------------- Dated this the 5th day of April, 2011. ORDER Petitioner is accused No.2 in Crime No.504 of 2006 of Chengannur Police Station for offences punishable under Sections 452, 395 and 411 read with Section 34 of the Indian Penal Code. Case is that petitioner who is a native of Maharashtra along with others trespassed into a jewellery shop and removed gold and silver ornaments and cash (about Rupees two lakhs and odd), total worth of the stolen articles being about `.29,50,000./-. Since the Police could not complete investigation within the statutory period petitioner got statutory bail under Section 167(2) of the Code of Criminal Procedure (for short, “the Code”) as per Annexure-I, order passed by learned Judicial First Class Magistrate-I, Chengannur. Learned Magistrate imposed conditions which included that petitioners shall produce sureties from the State of Kerala with solvency certificate (obviously having regard to the grave nature of the offence and the fact that petitioner being a native of Maharashtra if got released on bail he may not be available for trial). Learned counsel submitted that condition imposed is harsh, that petitioner is not able to comply with that and the result is that he will remain in custody notwithstanding that he got statutory bail. It is also submitted that investigation is not over. Learned Public Prosecutor submitted that all the Crl.MC No.1033/2011 2 stolen articles are not recovered and hence investigation could not be completed. It is submitted that petitioner is involved in a murder case in Maharashtra as the instruction learned Public Prosecutor has received. 2. Having regard to the circumstances I am not inclined at this stage to go into the question whether condition has to be deleted or modified. However I direct the Investigating Officer to make every effort to complete investigation as early as possible and put the accused on trial. With the above direction this petition is closed. THOMAS P.JOSEPH, Judge. cks