~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C. 2. Petitioner is the 2nd accused in Crime No.1569/2012 of Adoor Police Station registered for the offences punishable under Sections 457, 461, 380 and 411 read with Section 34 of the Indian Penal Code.
3. The 1st accused, who is a juvenile, in conflict with law, committed trespass into the house of one Shihabudeen and committed theft of 7 sovereigns of gold ornaments worth ₹1,25,000/-. He handed over the same to the petitioner herein, who, in turn, handed over the same to the 3rd accused, who sold the same. The petitioner has been in custody for the period from 04.10.2014 onwards.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. It seems that the investigation is practically over.
The learned Public Prosecutor has pointed out that 8 grams of gold ornaments involved in this case, is yet to be recovered. The remaining gold ornaments have been recovered. Having regard to the period undergone by the petitioner in custody and the present stage of investigation, I am satisfied that the petitioner can be enlarged on bail.
6. In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his executing a bond for `1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and subject to the following terms and conditions:-
(i) The petitioner shall report before the Investigating Officer in between 9 a.m. and 11 a.m. on all Saturdays and Wednesdays, commencing from 22.11.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(iv) The petitioner 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) aks/19/11 // True Copy // PA to Judge