IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 425 of 2011()
1. B.M.THAHIRA,AGED 36 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,REPRESENTED BY THE
... Respondent
For Petitioner :SRI.M.RAMESH CHANDER
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :24/01/2011
O R D E R
V. RAMKUMAR, J.
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Bail Application No.425 of 2011
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Dated this the 24th day of January, 2011
ORDER
In this Petition filed under Section 439 Cr.P.C., the
petitioner, who is accused No.2 in Crime No.402 of 2010 of
Hosdurg Police Station for offences punishable under Sections
454, 380 & 461 I.P.C., seeks her enlargement on bail. The
petitioner was arrested on 03/12/2010.
2. Even though learned Public Prosecutor opposed the
application contending inter alia that from out of the 15 Kgs of
gold which were robbed from Rajadhani Jewellery by A1 the
nephew of the petitioner a lady, 1.2 Kg of the ornaments have
been seized from the Pawnee consequent on the confession by
the petitioner, having regard to the fact that the petitioner has
been in custody ever since 3/12/2010 and she is a lady, I am
inclined to invoke the proviso to Sec.437(1) Cr.P.C. in her
favour.
3. Having regard to the nature of the offences, the
duration of judicial custody undergone by the petitioner, the
Bail Appln.No.425/2011
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present stage of investigation of the case and the other
circumstances of the case etc., I am inclined to grant bail to the
petitioner. Accordingly, the petitioner is directed to be released
on bail with effect from 26/01/2011 on her executing a bond for
`15,000/- (Rupees fifteen thousand only) with two solvent
sureties each for the like amount to the satisfaction of the
Magistrate concerned and subject to the following conditions:-
1. The petitioner shall report before the
Investigating Officer between 9 a.m. and
11 a.m. on all Wednesdays and Saturdays.
2. The petitioner shall stay confined to the limits
of Hosdurg Police Station until further orders
to be passed by the court concerned.
3. The petitioner shall make herself available for
interrogation as and when required by the
police at any time till the filing of the final
report.
4. The petitioner shall not influence or intimidate
the prosecution witnesses nor shall she
attempt to tamper with the evidence for the
prosecution.
Bail Appln.No.425/2011
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5. The petitioner shall not commit any offence
while on bail.
If the petitioner commits breach of any of the above
conditions, the bail granted to her shall be liable to be cancelled.
This application is allowed as above.
V.RAMKUMAR, JUDGE
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