MERSHID Vs. STATE OF KERALA

JUDGEMENT

(1.) In this Petition filed under Sec. 439 Cr.P.C. the petitioner, who is the 3rd accused in Crime No.12/2003 of Pothanicad Police Station for an offence punishable under Sec.379 read with section 34 I.P.C. for the alleged theft of 10 cans of tar meant for tarring the road and worth Rs.16,500/-, seeks his enlargement on bail.

(2.) Consequent on the non-appearance of the petitioner in C.C. No.428/2004 before the JFCM, Kothamangalam, steps were initiated for securing as present before the court. Thereupon the petitioner surrendered before the court on 13.2.2007 and has been remanded upto judicial custody where he continues.

(3.) In the light of the preparedness expressed by the petitioner to co-operate with the trial case, I am inclined to direct the Magistrate concerned to release the petitioner on bail on appropriate conditions. Accordingly, in case the petitioner files a fresh application for regular bail before the JFCM, Kothamangalam, within two weeks from today, he shall be released on bail on appropriate conditions including one ensuring his continued presence before the court for the progress of the case. This application is disposed of as above.