IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 Bail Appl..No. 7612 of 2009() ----------------------------- CRIME NO.608/2009 OF VARAPPUZHA POLICE STATION, ERNAKULAM DISTRICT .................... PETITIONER/ACCUSED -------------------------------------- SHAIJU ANTONY, AGED 30 YEARS, S/O.ANTONY, KOOTICKAL HOUSE, KOTHADU KARA, KADAMKKUDY VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.S.RAJEEV RESPONDENT(S): STATE -------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (CRIME NO.608 OF 2009 OF VARAPPUZHA POLICE STATION). PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/01/2010, ALONG WITH BA NO.7616 OF 2009 & BA NO.7619 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.Nos.7612, 7616 & 7619 of 2009 --------------------------------------------- Dated this the 4th day of January, 2010 ORDER These are applications for bail under Section 439 of the Code of Criminal Procedure. In all these Bail Applications, the petitioner is the same person and he is the first accused in Crime Nos.608 of 2009, 613 of 2009 and 610 of 2009 of Varappuzha Police Station. In all these cases charge sheet was filed after completing the investigation. The details are furnished below: CRIME NO. OFFENCE DATE OF ARREST CASE NO. 608 of 2009 Section 379 read with Section 34 of the Indian Penal Code 6.11.2009 C.C.No.1021 of 2009 before the court of the Judicial Magistrate of the First Class, North Parur 613 of 2009 Section 379 read with Section 34 of the Indian Penal Code 6.11.2009 C.C.No.1026 of 2009 before the court of the Judicial Magistrate of the First Class, North Parur 610 of 2009 Sections 379 & 411 read with Section 34 of the Indian Penal Code 6.11.2009 C.C.No.1023 of 2009 before the court of the Judicial Magistrate of the First Class, North Parur 2. The allegations levelled against the accused persons are that they committed theft of building materials, motor pump etc. from various building construction sites. In Crime No.608 of BA Nos.7612, 7616 & 7619/2009 2 2009, materials worth Rs.8,900/- was allegedly stolen. In Crime No.613 of 2009, the cost of materials was estimated at Rs.9,765/-. In Crime No.610 of 2005, the allegation is that a motor pump set worth Rs.4,500/- was stolen from the construction site. 3. It is submitted by the learned Public Prosecutors that the petitioner is involved in several other theft cases. 4. The learned counsel for the petitioner submitted that in all the cases, the petitioner was released on bail and that the petitioner undertakes not to commit any offence while on bail in this case. This undertaking is recorded. 5. 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 in the case and also taking note of the aforesaid undertaking, I am of the view that bail can be granted to the petitioner on stringent conditions. The petitioner shall be released on bail on his executing bond for Rs.25,000/- in each case with two solvent sureties for the like amount in each case to the satisfaction of the Judicial BA Nos.7612, 7616 & 7619/2009 3 Magistrate of the First Class, North Parur, subject to the following conditions: a) The petitioner shall report before the Station House Officer, Varappuzha between 9 A.M. and 11 A.M. on all Mondays 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 Applications are allowed as above. K.T.SANKARAN, JUDGE csl