Petition filed under Section 439 Cr.P.C. 2. Petitioner is the accused in Crime No.1337/2014 of Aranmula Police Station registered for the offences punishable under Sections 381 and 201 IPC.
3. The allegation against the petitioner is that while he was in charge of the Manager of Soubhagya Khadi store, he committed theft of various Khadi items worth ₹1,67,030/- and removed the same by his Premier Padmini Car bearing registration No.KL-03-B-6060 and kept it in his shop that was being conducted by him in the name 'Gandhi Smrithi Vipanana Kendram' and also in a Van bearing registration No.KL-05-L-9827, for sales. The petitioner has been in custody for the period from 20.10.2014 onwards.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. The contents of the CD prima facie reveal that the investigation of this case is practically over. The stolen properties along with the car have been recovered. No criminal antecedents have been reported against the petitioner. Having regard to the period undergone by the petitioner in custody, the present stage of the investigation and the absence of any criminal antecedents on his part, I am of the view 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 `25,000/- (Rupees twenty five thousand 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 am and 11 am on all Saturdays and Wednesdays, commencing from 15.11.2014 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 DSV/12/11 // TRUE COPY// P.A. To Judge