IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4380 of 2010()
1. AKHIL R.KRISHNAN @ AKHIL,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.V.JAYAPRADEEP
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :22/07/2010
O R D E R
K. HEMA, J.
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B.A. No. 4380 of 2010
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Dated this 22nd day of July, 2010.
ORDER
Petition for bail.
2. The alleged offences are under Sections 379 and 201 of
IPC. According to prosecution, on 7.2.2010 at about 12.30 P.M.
petitioner committed theft of a motor cycle, which was parked
by the side of the road and he changed its registration number.
3. Petitioner was taken into custody on 19.5.2010 by
Kayamkulam police under Section 41(d) of Cr.P.C. and in the
light of his confession, it was noticed that he committed the
crime within the limits of Karunagappally police station and the
case was transferred to that station. A complaint was registered
on 20.2.2010 in respect of theft which took place on 7.2.2010.
4. Learned counsel for petitioner submitted that petitioner
is innocent of the allegations made. He is in custody since
19.5.2010. There is long delay in lodging the complaint.
petitioner is only 18 years old. It is also submitted that
petitioner is in custody for the past 63 days. Petitioner is
[B.A.No.4380/2010] 2
seeking admission to the Engineering course and he could
not go for counselling because he was in jail.
5. Learned Public Prosecutor submitted that petitioner is
involved in other cases also of similar nature. Three cases are
already registered against him. His arrest in this case was
recorded when he was taken into custody in another crime.
However, taking into consideration the fact that charge is laid,
he is not opposing this bail application, but stringent
conditions may be imposed to ensure his presence during trial.
6. On hearing both sides, I am satisfied that bail can be
granted to petitioner on conditions. Hence, the following order
is passed :
Petitioner shall be released on bail on his executing
a bond for Rs.50,000/- (Rupees fifty thousand only)
with two solvent sureties each for the like sum to
the satisfaction of the court concerned, on the
following conditions :
(i) Petitioner shall report before the S.H.O.
on every Monday and Thursday
between 10 a.m. and 1 p.m. If the
petitioner seeks to get exemption
from appearance before the S.H.O. on
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any day, in connection with his
education, he may make application
in advance before the learned
Magistrate and seek orders.
(ii) Petitioner shall not leave the limits of
the police station within which crime
is registered, except with prior
permission of the learned Magistrate.
(iii) Petitioner shall not influence or
intimidate any witness or tamper with
evidence.
(iv) In case the petitioner is involved in
any offence of similar nature, his bail
is liable to be cancelled.
Petition is allowed.
K. HEMA, JUDGE.
Krs.