IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 29TH JULY 2011 / 7TH SRAVANA 1933 Bail Appl..No. 6029 of 2011() ----------------------------- Crime No.421 of 2011 of Bekal Police Station, Kasaragod District. PETITIONER/ACCUSED -------------------- SHAMEENA K.H., AGED 22 YEARS, D/O.NAFEESA, MOIDU QUARTERS, MANGAD, UDUMA VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENTS: STATE & COMPLAINANT ---------------------------------- 1. STATE - REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, (CRIME NO.421 OF 2011 OF BEKAL POLICE STATION) KASARAGOD DISTRICT. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6029 of 2011 ---------------------------------------------- Dated this the 29th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.421 of 2011 of Bekal Police Station, Kasaragod District. 2. The offences alleged against the petitioner are under Sections 454, 380 and 461 of the Indian Penal Code. 3. The prosecution case is that the accused committed theft of jewellery worth Rupees Eight Lakhs and cash of Rupees Six lakhs from the de facto complainant's Sister's house where the mother of the accused is working as maid servant. 4. The petitioner was arrested on 14/07/2011 and she was remanded to judicial custody. 5. The learned counsel for the petitioner submitted that the petitioner, a young woman aged 22 years, is suffering from cancer, as evidenced by Annexure-A-II biopsy report. It is also stated that she has to look after her child aged 2 ½ years. 6. Taking into account the facts and circumstances of the case and that the petitioner is a young woman aged 22 Bail Appln.No.6029/2011 : 2 : years who is suffering from cancer, I am inclined to grant bail on stringent conditions: 7. The petitioner shall be released on bail on her executing bond for `25,000/- (Rupees Twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Hosdurg, subject to the following conditions: A) The petitioner shall fully co-operate with the Investigating Officer in the matter of the investigation of the case. B) The petitioner shall not leave the limits of Kasaragod District without prior permission of the Judicial Magistrate of the First Class-II, Hosdurg. C) 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; D) The petitioner shall appear before the investigating officer for interrogation as and when required; E) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. Bail Appln.No.6029/2011 : 3 : F) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. G) 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 skj