IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3122 of 2009()
1. VENKITESH @ SAKTHIVEL,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :06/07/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 3122 of 2009
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Dated this the 6th day of July, 2009
O R D E R
This is an application for bail under Section 439 of the
Code of Criminal Procedure. The petitioner is the 5th accused in
Crime No.168/2009 of Peechi Police Station.
2. The offence alleged against the petitioner is under
Section 411 of the Indian Penal Code.
3. The petitioner is involved in several cases of similar
nature. The allegation made against him is that he received
lorries which were stolen by the other accused persons, knowing
that the lorries were stolen properties. It is alleged that he paid
only nominal amount for purchasing the lorries. The case of the
petitioner is that he is running a transporting company and that
he owns more than 50 lorries. He states that he purchased the
lorries with all bonafides and after verifying the registration
certificate particulars. On the other hand, the prosecution case is
that the petitioner has not transferred registration certificate in
his name and that he was using the lorries with number plates of
other lorries having Tamil Nadu Registration.
B.A. No. 3122 / 2009
Page numbers
4. The petitioner was arrested on 7/05/2009 in
connection with another crime. His formal arrest was recorded in
the present case on 23/05/2009.
5. The learned Public prosecutor submitted that
investigation is at the final stage and recoveries were made on
the basis of confession statement. The Public prosecutor also
stated that the other accused persons in the case were also
arrested.
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 the present stage of
investigation, I am of the view that bail can be granted to the
petitioner.
7. The petitioner shall be released on bail on his executing
bond for Rs.1,00,000/- with two solvent sureties, who own
immovable properties in the State of Kerala, each for the like
amount to the satisfaction of the Judicial Magistrate of the First
Class-III, Thrissur subject to the following conditions:-
A) The petitioner shall report before the
District Superintendent of Police, Thrissur
B.A. No. 3122 / 2009
Page numbers
between 9 A.M. and 11 A.M. on all
Tuesdays and Fridays, till the final report
is filed or until further orders.
B) The petitioner shall appear before the
Investigating Officer for interrogation as
and when required.
C) The petitioner shall not leave the State of
Kerala without prior permission from this
Court.
D) The petitioner shall not commit any offence
or indulge in any prejudicial activity while
on bail.
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