IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931 Bail Appl..No. 4069 of 2009 CRIME NO.533 OF 2009 OF MATHILAKAM POLICE STATION PETITIONER/ACCUSED -------------------------------------- AJITHKUMAR @ VISHNU, S/O.MOHANAN, CHIRAYIL HOUSE, THIRUVALLOOR, ALANGAD. BY ADV. SMT.MEREENA JOSEPH RESPONDENT: COMPLAINANT -------------------------- S.I. OF POLICE, MATHILAKAM POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4069 OF 2009 ------------------------------------------------------ Dated this the 24th July, 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.533 of 2009 of Mathilakam Police Station. 2. The offence alleged against the petitioner is under Section 379 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that the petitioner and other accused committed theft of a motor bike on 2.5.2009. The petitioner was arrested in connection with another case on 10.6.2009 and his formal arrest was recorded in the present case on 25.6.2009. Learned Public Prosecutor submitted that charge was laid in the case. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, B.A. NO. 4069 OF 2009 :: 2 :: the nature of the offence and the fact that the charge was laid, I am of the view that bail can be granted to the petitioner on stringent conditions. 5. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kodungallur, subject to the following conditions: a) The petitioner shall appear before the Sub Inspector of Police, Mathilakam Police Station 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 Application is allowed as above. (K.T.SANKARAN) Judge ahz/