Kaliyamma vs The Station House Officer on 16 October, 2009

Kerala High Court
Kaliyamma vs The Station House Officer on 16 October, 2009




Bail Appl..No. 5958 of 2009()

                      ...  Petitioner


                       ...       Respondent

                For Petitioner  :SRI.T.MADHU

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :16/10/2009

 O R D E R
                       K.T.SANKARAN, J.
                         B.A.No.5958 of 2009
              Dated this the 16th day of October, 2009


This is an application for bail under Section 439 of the Code

of Criminal Procedure. The petitioner is the sole accused in Crime

No.545 of 2009 of Gandhinagar Police Station, Kottayam.

2. The offence alleged against the petitioner is under

Section 379 of the Indian Penal Code.

3. The prosecution case is that on 1.9.2009, while the

defacto complainant was travelling in a bus, the accused

committed theft of her purse containing Rs.5,000/-. The petitioner

was caught red handed. The petitioner was arrested on the same

day and she was remanded to judicial custody.

4. The petitioner belongs to Tamil Nadu. It is stated that

she is a coolie. According to the petitioner, she is residing in a

rented house at Erattupetta. Her husband is also a coolie, states

the learned counsel for the petitioner. It is also submitted by the

learned counsel for the petitioner that the petitioner is prepared to

comply with any condition that may be imposed by the court.

5. The learned Public Prosecutor submitted that charge

was laid in the case on 12.9.2009.

BA No.5958/2009 2

6. 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 also the fact that charge

was laid in the case, I am of the view that bail can be granted to

the petitioner.

The petitioner shall be released on bail on her executing bond

for Rs.25,000/- with two solvent sureties, who own immovable

properties in the State of Kerala, for the like amount to the

satisfaction of the Judicial Magistrate of the First Class,

Ettumanoor, subject to the following conditions:

a) The petitioner shall report before the Station House Officer,
Gandhinagar Police Station, Kottayam between 9 A.M. and
11 A.M. on every Monday and Thursday 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 sureties shall produce the title deeds in respect of their

immovable properties for perusal by the learned Magistrate.

The Bail Application is allowed as above.


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