IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5704 of 2009()
1. ASKARALI,AGED 32 YEARS,S/O.MOHAMMED,
... Petitioner
Vs
1. THE STATE OF KERALA, REP. PUBLIC
... Respondent
For Petitioner :SRI.A.T.ANILKUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :12/10/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 5704 of 2009
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Dated this the 12th day of October, 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. 2 in
Crime No. 538/2008 of Ollur Police Station, Thrissur.
2. The offence alleged against the petitioner is under
Section 379 read with Section 34 of the Indian Penal Code.
3. The allegation against the accused persons is that they
committed theft of Ashoka Leyland lorry and sold the same to
Venkitesh @ Sakthivel. The petitioner was arrested in connection
with another case on 26/8/2009 and his formal arrest was
recorded in the present case on 29/8/2009.
4. 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.
5. The petitioner shall be released on bail on his executing
bond for Rs.50,000/- with two solvent sureties each for the like
B.A. No. 5704 /2009
2
amount to the satisfaction of the Judicial Magistrate of the First
Class-III, Thrissur 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 and Thursdays, 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.
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 Bail Application is allowed as above.
K.T. SANKARAN, JUDGE
scm