IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4069 of 2009()
1. AJITHKUMAR @ VISHNU,
... Petitioner
Vs
1. S.I. OF POLICE,
... Respondent
For Petitioner :SMT.MEREENA JOSEPH
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :24/07/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 4069 OF 2009
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Dated this the 24th July, 2009
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.1 in Crime
No.533 of 2009 of Mathilakam Police Station.
2. The offence alleged against the petitioner is under Section
379 read with Section 34 of the Indian Penal Code.
3. The prosecution case is that the petitioner and other
accused committed theft of a motor bike on 2.5.2009. The petitioner
was arrested in connection with another case on 10.6.2009 and his
formal arrest was recorded in the present case on 25.6.2009.
Learned Public Prosecutor submitted that charge was laid in the
case.
4. Taking into account the facts and circumstances of the
case, the duration of the judicial custody undergone by the petitioner,
B.A. NO. 4069 OF 2009
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the nature of the offence and the fact that the charge was laid, I am
of the view that bail can be granted to the petitioner on stringent
conditions.
5. The petitioner shall be released on bail on his executing
bond for Rs.50,000/- with two solvent sureties for the like amount to
the satisfaction of the Judicial Magistrate of the First Class,
Kodungallur, subject to the following conditions:
a) The petitioner shall appear before the Sub Inspector of
Police, Mathilakam Police Station between 9 A.M. and
11 A.M. on all Mondays, until further orders;
b) The petitioner shall not try to influence the prosecution
witnesses or tamper with the evidence;
c) The petitioner shall not commit any offence or indulge in
any prejudicial activity while on bail;
d) 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/