Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE23D DAY OF OCTOBER20141ST KARTHIKA, 1936 Bail Appl..No. 7184 of 2014 --------------------------------------- CRIME NO. 1550/2014 OF KAYAMKULAM POLICE STATION , ALAPPUZHA ------------- PETITIONER(S)/ACCUSED NO.2 & 3: -------------------------------------------------- 1. DARA @ BALEENDAR, AGED30YEARS S/O.RAMLACHHAN, II NO.20, PARASAUNI GORAKHPUR, PIN:
273. 201.
2. DIPNARAIN @ DEEPAK, S/O.RAMKISUN, AGED22YEARS, II NO.20, PARASAUNI, GORAKHPUR, PIN:
273. 201. BY ADV. SRI.B.RENJITHKUMAR RESPONDENT(S)/COMPLAINANT: ----------------------------------------------- STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, KAYAMKULAM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2310-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ B.KEMAL PASHA, J.
--------------------------------------- B.A.No.7184 of 2014 ---------------------------------------- Dated this the 23rd day of October, 2014 ORDER
Application filed under Section 438 of the Code of Criminal Procedure.
2. Petitioners are accused Nos. 2 and 3 in Crime No.1550 of 2014 of the Kayamkulam Police Station registered for the offences punishable under Sections 380 and 381 r/w Section 34 of the Indian Penal Code.
3. The allegation against the petitioners is that on 30.05.2014 sometime in between 08.30 a.m. and 08.30 p.m. the petitioners and other accused had committed theft of 5 kgs. of pepper worth Rs.3,500/- from M/s.OS Traders, Kayamkulam belongs to the de facto complainant.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. Learned counsel for the petitioners has pointed out that the first accused was arrested, detained and subsequently enlarged on regular bail. The prosecution records reveal that the investigation of the case is practically over. The recovery was also effected. Considering the small quantity of pepper B.A.No.7184 of 2014 2 which is the subject matter of the theft, and the present stage of investigation, I do not think that the custodial interrogation of the petitioners is required for the continued investigation of the case. The fact that the petitioners are hailing from the state of U.P. has also to be considered while granting anticipatory bail to the petitioners. In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioners, is directed to enlarge the petitioners on bail in the event of their arrest on their executing a bond for Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each from State of Kerala, for the like sum each to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:- (i) The petitioners shall report before the investigating officer in between 09.00 a.m. and 11.00 a.m. on all Thursday and Saturday commencing from 31.10.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier. (ii) The petitioners shall not tamper with the evidence or influence witnesses. B.A.No.7184 of 2014 3 (iii) The petitioners shall make themselves available for interrogation as and when required by the investigating officer. (iv) The petitioners shall not involve in any offence while on bail. It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail. Sd/- B.KEMAL PASHA, JUDGE. AS /True copy/ P.A. to Judge