IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 Bail Appl..No. 2842 of 2009 CRIME NO.236 OF 2009 OF KILIMANOOR POLICE STATION CMP.3368/2009 of J.M.F.C.-II,ATTINGAL PETITIONER/IST ACCUSED ------------------------------------------ SUKU, S/O.VISWAMBARAN, AMBIKA MANDIRAM, KATTUCHANTHA, PEROOR DESOM, VELLALLOOR VILLAGE. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENTS: STATE -------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KILIMANOOR POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2842 OF 2009 ------------------------------------------------------ Dated this the 3rd June, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No. 236 of 2009 of the Kilimanoor Police Station. 2. The offence alleged against the petitioner is under Sections 457 and 380 of the Indian Penal Code. 3. The prosecution case is that two mobile phones, one wrist watch and three other watches, etc. were stolen from the house of the de facto complainant by the accused. The petitioner was arrested on 1.5.2009 and he is in judicial custody. Learned Public Prosecutor submitted that the second accused is not arrested. The petitioner was interrogated and recovery was made. 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 present stage of investigation, I am of the view that bail can be granted to the petitioner. B.A. NO. 2842 OF 2009 :: 2 :: 5. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – II, Attingal, subject to the following conditions: a) 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; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) 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 ahz/