IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 Bail Appl..No. 6919 of 2009() ----------------------------------- CRIME NO. 376/2009 OF MALAYINKIL POLICE STATION .................... PETITIONER/ACCUSED: ----------------------------------- CHOTTUKUMAR, S/O.VISWANATH SAHA, NEAR PARVISH GENGE POLICE STATION, TOLLBAJU POST OFFICE, AARIY DISTRICT, BIHAR STATE. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6919 of 2009 ------------------------------------ Dated this the 26th day of November, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No. 376/2009 of Malayinkil Police Station. 2. The offences alleged against the petitioner are under Sections 406 and 420 of the Indian Penal Code. 3. The prosecution case is the following: On 12.10.2009, the petitioner went to the house of the defacto complainant, a house wife and assured her to polish the golden jewellery so as to make it appear new. The jewellery weighing 3.75 sovereigns were given for that process. It was revealed that about 5 grams of gold was lost in the process of dipping the gold in a liquid by the accused. The allegation is that the liquid contained some chemicals which dissolves gold. The petitioner belongs to Bihar. 4. The learned Public Prosecutor submitted that if the petitioner is released on bail, there is every likelihood of the petitioner making himself scarce. The learned counsel for the B.A. No. 6919 of 2009 2 petitioner submitted that the petitioner is prepared to abide by any condition that may be imposed by the Court for the grant of bail. 5. 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 on stringent conditions. 6. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties, who own immovable properties in the State of Kerala, each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kattakada 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. B.A. No. 6919 of 2009 3 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 sureties shall produce the title deeds in respect of their immovable properties for verification by the learned Magistrate. The Bail Application is allowed as above. K.T. SANKARAN, JUDGE ln