Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH THURSDAY, THE7H DAY OF NOVEMBER201316TH KARTHIKA, 1935 Bail Appl..No. 7470 of 2013 ------------------------------- CRIME NO. 1615/2013 OF KANNUR TOWN POLICE STATION, KANNUR ..... PETITIONER(S)/ACCUSED NO.1 AND3 ---------------------------------------------------------- 1. ARSHAD, AGED19YEARS, S/O. MUHAMMED, PONNANKAI HOUSE, PUTHIYATHERU, SANKARAN KADA, CHIRAKKAL, KANNUR.
2. SAFWAN, AGED19YEARS, S/O.IBRAHIM, SAKEENA MANZIL, KUNHIPALLI, KOTTALI, KANNUR. BY ADV. SRI.K.RAJESH SUKUMARAN RESPONDENT(S)/COMPLAINANT: ------------------------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0711-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P.JOSEPH, J.
---------------------------------------- Bail Application No.7470 of 2013 ---------------------------------------- Dated this the 8th day of November, 2013 ORDER
Petitioners are the accused 1 and 3, in Crime No.1615 of 2013 of the Kannur Town Police Station for the offence punishable under Section 379 read with Section 34 of the Indian Penal Code for alleged theft of petrol from a motor cycle from the premises of an apartment on 10.10.2013 at about 1.00 p.m., are in custody from 19.10.2013 and seeks bail.
2. Learned Public Prosecutor had submitted that the the 1st petitioner is the accused in Crime No.425 of 2013 of the Payyannur Police Station for the offence punishable under Section 379 IPC and that the petitioners are accused in Crime No.558 of 2012 of Kannur Town Police Station for similar case.
3. Heard the learned counsel for the petitioners as well.
4. Since the petitioners are in custody from 19.10.2013, I am inclined to grant bail but subject to conditions since investigation is not completed and recurrence of such incidents in B.A..No.7470 of 2013 2 future have to be prevented. Resultantly, the application is allowed as under:- Petitioners (accused 1 and 3) are granted bail in Crime No. 1615 of 2013 of the Kannur Town police station and will be released, if not required to be detained otherwise on their executing bond for Rs. 25,000/- (Rupees Twenty five thousand only) each with two sureties each for the like sum each to the satisfaction of the jurisdictional Magistrate and subject to the following conditions: a) One of the sureties shall be a close relative of any of the petitioners. b) Petitioners shall report to the officer investigating Crime No.1615 of 2013 on every Saturday between 10:00 a.m. and 12:00 p.m. until filing of the final report or for a period of two months, which ever is earlier. c) Petitioners shall report to the investigating officer as and when required for interrogation. B.A..No.7470 of 2013 3 d) Petitioners shall not get involved in any offence during the period of this bail. e) It is directed that in case any of the above conditions is violated, it is open to the Investigating Officer or the defacto complainant to seek cancellation of the bail granted hereby by moving application before the learned magistrate as held in P.K. Shaji V. State of Kerala (AIR2006 Supreme Court 100). Since the investigation of the case is not completed, this order granting bail will take effect only from 15.11.2013. THOMAS P.JOSEPH, JUDGE sp