IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 26TH OCTOBER 2009 / 4TH KARTHIKA 1931 Bail Appl..No. 6170 of 2009 CRIME NO.2168 OF 2009 OF CENTRAL POLICE STATION, ERNAKULAM PETITIONER/ACCUSED -------------------------------------- NAJEEB VADAKKE CHENATTUPARAMBA, AGED 26 YEARS, S/O. ABDUL KADER, VADAKKE CHENATTUPARAMB HOUSE, EAST OF KALATHATTU, PUNNAPRA, ALAPPUZHA DISTRICT. BY ADV. SRI.C.KHALID SRI.N.GOPINATHA PANICKER SRI.T.P.SAJID SMT.M.A.SULFIA SMT.NAMITHA JYOTHISH RESPONDENTS: COMPLAINANT -------------------------- 1. SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6170 OF 2009 ------------------------------------------------------ Dated this the 26th day of October, 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.2168 of 2009 of the Central Police Station, Ernakulam. 2. The offence alleged against the petitioner is under Section 380 of the Indian Penal Code. 3. The prosecution case is that on 2.10.2009 at 7.30 PM, the petitioner was found in a suspicious circumstance near Menaka bus stop, Ernakulam. He was arrested and, on questioning, it was revealed that he was in possession of two mobile phones. The case of the prosecution is that one mobile phone was stealthily taken by him from the possession of his friend at Pulleppady. The petitioner is in judicial custody since 3.10.2009. 4. Taking into account the facts and circumstances of the B.A. NO. 6170 OF 2009 :: 2 :: 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. 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, Ernakulam, 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/