IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 Bail Appl..No. 5335 of 2009() ------------------------------------ CRIME NO. 890/2009 OF KUNNAMKULAM POLICE STATION ................... PETITIONER/ACCUSED: ----------------------------------- KALIAMMA, W/O.RAJU, AGED 22 YEARS, RESIDING AT PAZHANI ADIVARAM, PAZHANI DISTRICT, TAMIL NADU. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR (REPRESENTING S.I OF POLICE, KUNNAMKULAM POLICE STATION), HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5335 of 2009 ------------------------------------ Dated this the 23rd day of September, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No. 890/2009 of Kunnamkulam Police Station. 2. The offence alleged against the petitioner is under Section 379 of the Indian Penal Code. 3. The prosecution case is that the petitioner committed theft of a marble cutter. The petitioner was arrested on 24.08.2009 and she was remanded to judicial custody. 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 fact that the charge was laid, I am of the view that bail can be granted to the petitioner. 5. The petitioner shall be released on bail on her executing bond for Rs. 25,000/- with two solvent sureties, who own immovable properties in the state of Kerala, each for the like amount to the satisfaction of the Judicial Magistrate of the First B.A. No. 5335 of 2009 2 Class, Kunnamkulam subject to the following conditions:- A) The petitioner shall appear before the Station House Officer, Kunnamkulam on every Monday, until further orders. B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. D) 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 ln