High Court Kerala High Court

Gopinathan Pillai vs State Of Kerala on 12 July, 2010

Kerala High Court
Gopinathan Pillai vs State Of Kerala on 12 July, 2010
       

  

  

 
 
  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.
           ----------------------------------------------
                Bail Application No.4128 of 2010
           ----------------------------------------------
                      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