IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 Bail Appl..No. 849 of 2011() -------------------------------------- CRIME NO.402/2010 OF HOSDURG POLICE STATION, KASARAGOD DISTRICT ------------------------- PETITIONER/1ST ACCUSED ----------------------------------------- ABDUL LATHEEF.M , AGED 28 YEARS, S/O.ABDULLA, MANDIATH HOUSE, AREEKKARA, BALAL VILLAGE, NOW AT AVIYIL, HOSDURG VILLAGE, KASARAGOD DISTRICT (UNDER CUSTODY) BY ADV. SRI.M.RAMESH CHANDER RESPONDENT(S): -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA KOCHI -31. BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/02/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V. RAMKUMAR, J. ---------------------------------------------- Bail Application No.849 of 2011 ----------------------------------------------- Dated this the 8th day of February, 2011 ORDER In this Petition filed under Section 439 Cr.P.C., the petitioner, who is accused No.1 in Crime No.402 of 2010 of Hosdurg Police Station for offences punishable under Sections 454, 380 & 461 I.P.C., seeks his enlargement on bail. The petitioner was arrested on 27/11/2010. 2. The learned Public Prosecutor opposed the application contending inter alia that this is a case in which petitioner with the aid of one more person had committed burglary from Rajadhani Jewellery at Kasaragod and had stolen 15.88 Kgs. of gold ornaments of which 7.555 Kgs. have been recovered and one more person is yet to be apprehended. 3. The petitioner had been in custody from 27/11/2010 onwards. The further detention of the petitioner on the ground that one more person is yet to be apprehended is not a ground to continue the detention of the petitioner. The petitioner had been given on police custody during the permissible period and he cannot be given on police custody any more. In case the petitioner is found guilty of the offences condign punishment can Bail Appln.No.849/2011 -2- be awarded to him. I am therefore, inclined to grant bail to the petitioner on adequate conditions safeguarding the interests of the prosecution. Accordingly, the petitioner is directed to be released on bail on his executing a bond for `3,00,000/- (Rupees Three lakhs only) with two solvent sureties (one of whom shall furnish solvency certificate for the said amount) each for the like amount to the satisfaction of the Magistrate concerned and subject to the following conditions:- 1. The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioner shall stay confined to the limits of the Kasaragod District until further orders to be passed by the court concerned. 3. The petitioner shall surrender his passport, if any, before executing the bail bond. In case the petitioner is not the holder of a passport he shall file an affidavit to that effect before the Magistrate. 4. The petitioner shall make himself available for interrogation as and when required by the police at any time till the filing of the final report. Bail Appln.No.849/2011 -3- 5. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 6. The petitioner shall not commit any offence while on bail. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above. V.RAMKUMAR, JUDGE skj