IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4128 of 2010()
1. GOPINATHAN PILLAI,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.A.MOHAMMED
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :12/07/2010
O R D E R
K.HEMA, J.
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Bail Application No.4128 of 2010
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Dated 12th July, 2010.
O R D E R
This petition is for bail.
2. The alleged offences are under Sections 411, 457,
380 and 461 read with Section 34 of the Indian Penal Code.
According to prosecution, in the night on 29.4.2010, petitioner
(A1) broke open the window of the shop belonging to defacto
complainant and after entering the shop, committed theft of 16
mobile phones and Rs.750/- from the shop. Some of the stolen
articles were received by second accused knowing them to be
stolen.
3. Petitioner is the first accused. Learned counsel for
petitioner submitted that petitioner was arrested on 1.6.2010 and
he is in custody for the past 40 days. Learned Public Prosecutor
submitted that though 16 mobile phones are allegedly stolen, all
the phones are not recovered so far. Learned counsel for
petitioner submitted that no application is filed for custody of
petitioner, if the prosecution intended to effect recovery in full.
Learned Public Prosecutor also submitted that no other crime is
reported against petitioner.
BA NO. 4128/10 2
4. 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 Investigating
Officer on alternate days between 10 a.m.
and 1 p.m. until further 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.
tgs