IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6919 of 2009()
1. CHOTTUKUMAR, S/O.VISWANATH SAHA,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.S.MOHAMMED AL RAFI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :26/11/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 6919 of 2009
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Dated this the 26th day of November, 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. 376/2009 of Malayinkil Police Station.
2. The offences alleged against the petitioner are under
Sections 406 and 420 of the Indian Penal Code.
3. The prosecution case is the following:
On 12.10.2009, the petitioner went to the house of the
defacto complainant, a house wife and assured her to polish the
golden jewellery so as to make it appear new. The jewellery
weighing 3.75 sovereigns were given for that process. It was
revealed that about 5 grams of gold was lost in the process of
dipping the gold in a liquid by the accused. The allegation is that
the liquid contained some chemicals which dissolves gold. The
petitioner belongs to Bihar.
4. The learned Public Prosecutor submitted that if the
petitioner is released on bail, there is every likelihood of the
petitioner making himself scarce. The learned counsel for the
B.A. No. 6919 of 2009 2
petitioner submitted that the petitioner is prepared to abide
by any condition that may be imposed by the Court for the
grant of bail.
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.
6. The petitioner shall be released on bail on his
executing bond for Rs.50,000/- with two solvent sureties, who
own immovable properties in the State of Kerala, each for the
like amount to the satisfaction of the Judicial Magistrate of the
First Class, Kattakada 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.
B.A. No. 6919 of 2009 3
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 sureties shall produce the title deeds in respect of
their immovable properties for verification by the learned
Magistrate.
The Bail Application is allowed as above.
K.T. SANKARAN, JUDGE
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