IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.M.JAMES THURSDAY, THE 28TH SEPTEMBER 2006 / 6TH ASWINA 1928 Bail Appl..No. 5792 of 2006 ----------------------------- CRIME NO.539/2006 OF ALUVA POLICE STATION PETITIONER/3RD ACCUSED --------------------------------------- JOBY VARGHESE, AGED 36 YEARS, SON OF VARGHESE, PARAKATTIL VEEDU, THURAVUR, ANGAMALI. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR P.N. SUKUMARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/09/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.M.JAMES, J. -------------- B.A. 5792/2006 ------------------ DATED THIS THE 28TH DAY OF SEPTEMBER, 2006 O R D E R The petitioner is the second accused, in crime No.539/2006 of Aluva Police Station, for the offence punishable under Sections 457 and 380 IPC read with Section 34 IPC, as he, along with the first accused, had committed theft of rubber sheets from the possession of the defacto complainant. Hence this application, under Section 438 Cr.P.C. 2. After hearing both sides and considering the materials that are placed before me, I direct the petitioner to surrender before the Investigating Officer, who is investigating crime No.539/2006 of Aluva Police Station, on 4.10.2006 between 9.30 a.m 10.00 a.m. 3. The Investigating Officer shall interrogate the petitioner and thereafter, produce him before the Court below, according to the law. 4. On production of the accused, the learned B.A.5792/2006 2 Magistrate shall hear both sides and pass appropriate orders, on merit. The application is disposed of as above. J.M.JAMES JUDGE mrcs