Petition filed under Section 439 Cr.P.C. 2. Petitioner is the third accused in Crime No.1569/2012 of the Adoor Police Station registered for the offences punishable under Sections 457, 461, 380 and 411 of the Indian Penal Code read with Section 34 of the Indian Penal Code.
3. The first 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 received the same knowing that it is stolen property. Thereafter, the petitioner sold the same. The petitioner has been in custody for the period from 13.10.2014 onwards.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor. The petitioner was initially arrested on 5.10.2014 in connection with Crime No.587 of 2013 of Adoor Police Station. It was during interrogation, his involvement in the present crime has also come out. Apart from these two crimes, there is no criminal antecedent on the part of the petitioner. 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.
5. 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 six months.
(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 dl // TRUE COPY // PA to Judge