IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1629 of 2010()
1. BIJU @ KANNADI BIJU, AGED 24 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. CIRCLE INSPECTOR OF POLICE, PARASALA.
For Petitioner :SRI.R.GOPAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :31/03/2010
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 1629 OF 2010
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Dated this the 31st day of March, 2010
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.4 in Crime No.193
of 2009 of Pozhiyoor Police Station.
2. The offences alleged against the accused are under
Sections 379, 201, 411 and 413 read with Section 34 of the Indian
Penal Code.
3. The prosecution case is that between the night of
20.9.2009 and the early hours of 21.9.2009, a Mahindra Van
belonging to the de facto complainant was stolen by accused Nos.4
and 5. They sold the vehicle to accused Nos.1 to 3. It is alleged that
accused Nos.1 to 3 exhibited a fake registration number on the
vehicle and they sold the vehicle to accused Nos.6 and 7. It is also
alleged that accused Nos.6 and 7 used the vehicle for transporting
spirit. The petitioner was arrested in connection with Crime No.268
of 2010 of Central Police Station and his formal arrest was recorded
B.A. NO.1629 OF 2010
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in the present case on 15.2.2010. This is an application for bail
under Section 439 of the Code of Criminal Procedure. The petitioner
is accused No. in Crime No. of of the Police Station.
4. The petitioner filed B.A.No.1307 of 2010. That application
was dismissed by the order dated 8.3.2010. The investigation has
progressed thereafter.
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.
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,
Neyyattinkara, 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 and Thursdays, till the final
report is filed or until further orders;
B.A. NO.1629 OF 2010
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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/