Kerala High Court
Abdul Khader vs State Of Kerala on 2 December, 2009
Author: K.T.Sankaran
Bench: K.T.Sankaran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7056 of 2009()
1. ABDUL KHADER, S/O.MAMMU,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.K.RAKESH ROSHAN
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :02/12/2009
O R D E R
K.T.SANKARAN, J.
------------------------------------------------------
B.A. NOS.7056, 7057 & 7058 OF 2009
------------------------------------------------------
Dated this the 2nd day of December,2009
O R D E R
These Bail Applications are filed by the same person who is accused No.5 in Crime No.228 of 2009 of Vadakara Police Station, accused No.4 in Crime No.92 of 2009 of Kannur Town Police Station and accused No.4 in Crime No.89 of 2009 of Kannur Town Police Station.
2. In Crime No.228 of 2009 of Vadakara Police Station, the offences alleged against the petitioner are under Sections 457, 380 and 411 read with Section 34 of the Indian Penal Code, while in the other two cases, the offences alleged are under Sections 457, 380, 461 and 411 read with Section 34 of the Indian Penal Code.
3. The prosecution case in Crime No.228 of 2009 is that accused Nos.1, 2 and 4 entered into a home appliances shop on 20.3.2009 and committed theft of three LCD televisions. The allegation against the petitioner is that the petitioner helped the B.A. NOS.7056, 7057 & 7058 OF 2009 :: 2 ::
accused in the sale of the stolen articles and he also received some of the articles knowing them to be stolen articles.
4. In Crime No.92 of 2009, the allegation is that on 28.2.2009, accused Nos.1 to 3 had stolen two laptops and 30 mobile phones from an electronic shop. It is alleged that the petitioner helped accused Nos.1 to 3 for the sale of stolen articles knowing fully well that they were stolen articles.
5. The prosecution case in Crime No.89 of 2009 is that on 26.2.2009, accused Nos.1 to 3 committed theft of five LCD televisions, one printer and a data card from a shop. The allegation against the petitioner is that he helped accused Nos.1 to 3 in the matter of sale of the stolen articles, he being fully aware of the fact that the articles were stolen.
6. The petitioner was arrested in Crime No.228 of 2009 on 9.10.2009 and his formal arrest was recorded in the other two cases on 16.10.2009.
7. Petitioner moved B.A.Nos.6549, 6591 and 6605 of 2009, B.A. NOS.7056, 7057 & 7058 OF 2009 :: 3 ::
which were dismissed by the order dated 17.11.2009.
8. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner on stringent conditions.
9. The petitioner shall be released on bail on his executing bond for Rs.25,000/- in each case with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class concerned, subject to the following conditions:
a) The petitioner shall report before the investigating officer in Crime Nos.89 and 92 of 2009 of Kannur Town Police Station between 9 A.M. and 11 A.M. on all Mondays and in Crime No.228 of 2009 of Vadakara Police Station between 9 AM and 11 AM on all Thursdays, till the final report is filed or until further orders;
b) The petitioner shall appear before the investigating officer for interrogation as and when required;
c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence;
d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail;
B.A. NOS.7056, 7057 & 7058 OF 2009 :: 4 ::
e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled.
The Bail Applications are allowed as above.
(K.T.SANKARAN) Judge ahz/