IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5958 of 2009()
1. KALIYAMMA, W/O.SUBRAHMANI, H.NO.3,
... Petitioner
Vs
1. THE STATION HOUSE OFFICER,
... 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.
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B.A.No.5958 of 2009
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Dated this the 16th day of October, 2009
ORDER
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.
K.T.SANKARAN,
JUDGE
csl
