JERI FERNANDEZ Vs. STATE OF KERALA

JUDGEMENT

(1.) In this Petition filed under Sec. 439 Cr.P.C. the petitioner, who is the first accused in Crime No.66/07 of Nallalam Police Station for an offence punishable under Sec.379 read with section 34 I.P.C. in respect of a motor cycle, seeks his enlargement on bail. The case of the prosecution is that at about 3 a.m. on 26.2.07 the petitioner attempted to commit theft of the motor cycle of the defacto complainant and the neighbours caught hold the petitioner and handed him over to the police. The petitioner is stated to be an employee of Krishna Agencies, which is the vehicle recovery agency of ICICI bank, which had given the loan to the defacto complainant.

(2.) I heard the learned counsel for the petitioner and the learned Public Prosecutor.

(3.) Having regard to the nature of the offences, the duration of judicial custody of the petitioner and the other circumstances of the case etc., I am inclined to grant bail to the petitioner. Accordingly, the petitioner is directed to be released on bail on his executing a bond for Rs.10,000/- (Rupees ten thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M.-V, Kozhikode and subject to the following conditions: