IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 Bail Appl..No. 6432 of 2008() ----------------------------- CMP.4450/2008 of J.M.F.C.-I,HOSDRUG CRIME NO.591/08 OF HOSDURG POLICE STATION PETITOINER: 3RD ACCUSED: -------------------------------- MUHAMMAD KHAIS.M.K., S/O.P.MUHAMMEDKUNHI, AGED 22, HUDDA MANZIL, CHATTAMCHAL, KANIYADUKKAM, THEKKIL VILLAGE. BY ADV. SRI.SAJEEV KUMAR K.GOPAL RESPONDENT(S): STATE & COMPLAINANT; ----------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, HOSDURG POLICE STATION. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6432 of 2008 ----------------------------------------- Dated this the 30th October, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 379 and 411 read with 34 of the Indian Penal Code. According to prosecution, accused 1and 2 committed theft of a mini lorry and third accused received the same knowing it to be a stolen. Thereafter, third accused, with the help of fourth accused sold it to fifth accused. Fifth accused received the article knowing it to be a stolen and dismantled the same. 3. Learned Public Prosecutor submitted that petitioner is first accused and he was arrested on 27.9.2008 in connection with another crime and his arrest was recorded in this case on 4.10.2008. He submitted that he has no objection in granting bail to petitioner, but stringent condition may be imposed while granting bail. Hence, bail is granted to petitioner on the following terms and conditions: i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. BA.6432/08 2 ii) Petitioner shall report before the investigating officer on every Monday, Wednesday and Saturday between 10 AM and 1 PM until further orders. iii). Petitioner shall not tamper with evidence or influence the witnesses or intimidate them or commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.