~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C. 2. Petitioner is the 3rd accused in Crime No.340/2014 of Koduvally Police Station registered for the offences punishable under Sections 461, 381 and 414 read with Section 34 IPC.
3. It is alleged that A1, by impersonating himself as one Rahul who was working at 'Krishna Gold' at Palakkutty, on 16.09.2014 at 11.30 p.m., committed theft of a table containing gold from the said jewellery and transported the same to a place near Amala Hospital, Thrissur, from where he, along with A3 to A5, with the help of A6, who is the driver of vehicle bearing registration No.KL-46H-6957, transported the table to the residence of A6. A1, A3, A4 and A5 broke open the table containing gold and committed theft of 150 grams of gold contained in it and all of them shared the sale proceeds of the gold. The petitioner was arrested on 04.11.2014 and thereafter, he has been in custody.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. No criminal antecedents have been reported against the petitioner. The contents of the CD reveal that the investigation as far as the petitioner is concerned, is practically over. The continued detention of the petitioner in custody is not required for the continued investigation of this case. Considering the facts and circumstances of this case and 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 `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 a.m. and 11 a.m. on all Fridays and Tuesdays, commencing from 12.12.2014 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) aks/09/12 // True Copy // PA to Judge