IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7263 of 2009()
1. PRADEEP, S/O.PRABHAKARAN,
... Petitioner
2. ANZIL, S/O.ALIYARUKUNJU,
3. ABHILASH, S/O.SREEKUMAR,
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
2. CIRCLE INSPECTOR OF POLICE,
For Petitioner :SRI.R.GOPAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :10/12/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 7263 of 2009
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Dated this the 10th day of December, 2009
O R D E R
This is an application for bail under Section 439 of the
Code of Criminal Procedure. Petitioners are accused Nos.1, 2
and 3 in Crime No.193/2009 of Pozhiyoor Police Station.
2. The offences alleged against the petitioners are under
Sections 379, 201, 411 and 413 read with Section 34 of the
Indian Penal Code.
3. The gist of the prosecution case is the following:
Between night of 20/9/2009 and early hours of
21/9/2009, a Mahendra Van belonging to the de facto
complainant was stolen by accused Nos. 4 and 5. They sold the
vehicle to accused Nos. 1 to 3, who purchased the same
knowing fully well that the vehicle was a stolen item. Accused
Nos. 1 to 3 sold the vehicle to accused Nos. 6 and 7, who also
purchased the same fully knowing that it was a stolen vehicle.
It is further alleged that the vehicle was later used for
transporting spirit.
4. The petitioner was arrested on 9/11/2009 and he
B.A. No. 7263/2009
2
was remanded to judicial custody.
5. Taking into account the facts and circumstances of the
case, the duration of the judicial custody undergone by the
petitioners, the nature of the offence and the present stage of
investigation, I am of the view that bail can be granted to the
petitioners on stringent conditions.
6. The petitioners shall be released on bail on their
executing a bond for Rs.50,000/- each with two solvent sureties
each for the like amount to the satisfaction of the Judicial
Magistrate of the First Class-II, Neyyattinkara subject to the
following conditions:-
A) The petitioners 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 petitioners shall appear before the
Investigating Officer for interrogation as
and when required.
C) The petitioners shall not try to influence
the prosecution witnesses or tamper with
the evidence.
D) The petitioners shall not commit any
offence or indulge in any prejudicial
activity while on bail.
B.A. No. 7263/2009
3
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