Sanal Kumar v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 23RD DAY OF DECEMBER 2015/2ND POUSHA, 1937 Bail Appl..No. 7704 of 2015 ------------------------------- CRIME NO. 1272/2015 OF KOLLAM WEST POLICE STATION, KOLLAM. ..........

PETITIONER/ACCUSED:

---------------------------------- SANAL KUMAR, AGED 40 YEARS, S/O.VELAPPAN, KOTTUKAL CHERRY, THENKAVILA, ATHIYANNUR VILLAGE, BALARAMAPURAM, RESIDING AT SAMSAM MANZIL, POTHENKONAM, THEEPPUKAL MURI, VEMPAYAM VILLAGE.

BY ADV. SRI.NIREESH MATHEW RESPONDENT/COMPLAINANT:

-------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

A.HARIPRASAD, J.

------------------------------------------------ B.A No.7704 of 2015 ------------------------------------------------ Dated this the 23rd day of December, 2015.

O R D E R

Application for bail under Section 439 Cr.P.C. 2.

Petitioner is the accused in Crime No.1272 of 2015 of Kollam West Police Station registered for offences punishable under Sections 457 and 380 I.P.C.

3.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

4.

Prosecution case, in short, is that on 02-08-2015, the petitioner committed theft of idol from a temple weighing 1.5 Kg worth Rs.5 Lakhs.

5.

Learned Public Prosecutor opposed the bail application by contending that the petitioner is involved in other theft cases. Investigation has been completed and charge sheet has been filed. The matter is ripe for trial, which is pending in C.C No.1947/2015 on the file of Temporary Judicial First Class

B.A No.7704 of 2015 2 Magistrate Court, Kollam. Reckoning the entire facts and circumstances of the case, bail is granted to the petitioner with following strict conditions :

1. The petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate having jurisdiction.

2. The sureties shall be permanent residents of State of Kerala. Sureties shall produce documents to establish their identity and solvency. The lower court need not insist on the solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not.

3. The petitioner shall appear before the court on all posting dates.

4. The petitioner shall furnish his local address and phone number to the Investigating officer.

5. The petitioner shall appear before the Investigating Officer on first of every month until trial is over.

B.A No.7704 of 2015 3

6. The petitioner shall not indulge in any offence while on bail.

7. The petitioner shall not influence or intimidate the witnesses or meddle with the investigation in any manner.

If any of the above conditions is breached by the petitioner, the learned Magistrate is free to cancel bail without referring the matter to this Court.

Sd/- A.HARIPRASAD, JUDGE.

amk //True copy// P.A to Judge