IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2391 of 2010()
1. AJITH,AGED 22,S/O.RAMACHANDRAN,
... Petitioner
Vs
1. STATE OF KERALA,REP.BY PUBLIC PROSECUTOR
... Respondent
For Petitioner :SRI.S.SACHITHANANDA PAI
For Respondent : No Appearance
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :06/05/2010
O R D E R
P.Q.BARKATH ALI, J.
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B.A.No.2391 OF 2010
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Dated this the 6th day of May, 2010
ORDER
This is a bail application filed by the second accused in Crime
No.170/2010 of Kattappana Police Station, Idukki district under Section
439 of Cr.P.C.
2. The allegation against the petitioner is that on March 2, 2010, he
along with two other persons committed house tresspass and theft of 263 kg.
of coffee beans of the defacto complainant and thereby committed the
offence punishable under Sections 457, 380 read with Section 34 of IPC.
Petitioner was arrested on March 20, 2010 and he is in remand thereafter.
The Judicial Magistrate of First Class I, Kattappana dismissed his bail
application.
3. It is alleged in the petition that petitioner is innocent of the
offence alleged against him and that if released on bail, he will abide by any
condition that may be imposed by this court.
4. Notice given to the learned Public Prosecutor. This petition is
opposed by the learned Public Prosecutor.
5. Heard learned counsel for the petitioner and the learned Public
Prosecutor.
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6. For the following reasons, I am inclined to grant bail to the
petitioner. Petitioner is in remand from 20/03/2010 onwards. Further,
Public Prosecutor submits that investigation in this case is almost over and
that he is involved in another crime – Crime No.162/2010 of Kattappana
police station. However, taking into consideration the fact that petitioner is
aged only 22 and that he is now working as a teacher in Computer
Institution, I feel that petitioner can be released on bail, but subject to
conditions.
7. In the result, the petition is allowed. The petitioner shall be
released on bail on his executing a bond for Rs.25,000/- (Rupees Twenty
Five Thousand only) with two solvent sureties for like sum each to the
satisfaction of the lower court on the following conditions:-
1) The petitioner shall appear before the
Investigating Officer on all Mondays between
9 AM and 10 AM.
2) The petitioner shall not commit similar offence
while on bail.
3) The petitioner shall co-operate with the
investigation and shall not try to influence the
prosecution witnesses or tamper with the
evidence.
4) Petitioner shall not leave the limits of the
jurisdiction of the lower court without prior
permission.
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5) If the petitioner violates any of the conditions
mentioned above, lower court can cancel his bail.
P.Q.BARKATH ALI, JUDGE
sv.
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