IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 Bail Appl..No. 1869 of 2008() ----------------------------- CRIME NO. 100/08 OF RANNI POLICE STATION PETITIONER : ACCUSED ------------------------ SHIBU @ JOHN THOMAS, S/O.THOMAS KALLUZHATHIL HOUSE, ANGADICKAL VILLAGE. BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR SRI.T.P.PRADEEP RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1869 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of March, 2008 O R D E R Application for regular bail. The petitioner faces allegations in a crime registered alleging the offence punishable under Section 392 r/w. 34 I.P.C. Altogether there are three accused persons. They allegedly attempted to forcibly take away a tipper lorry with dishonest intent. The crew of the vehicle made a hue and cry. Two of the accused ran away. The local people gathered. The petitioner was arrested. He continues in custody from 26.2.2008. 2. The learned counsel for the petitioner submits that even accepting the entire allegations it is evident that the attempt was not to commit theft or robbery, but the attempt was to seize the vehicle in exercise of a right of seizure under the relevant contract with a financier. At any rate, the petitioner, who has remained in custody from 26.2.2008, may now be enlarged on bail, it is prayed. B.A.No. 1869 of 2008 2 3. The learned Prosecutor opposes the application. The high handed action of attempt to forcibly take away the vehicle in exercise of a right to seizure deserves to be frowned upon. The co-accused have not been arrested so far. The investigators may in these circumstances be given reasonable further time to complete the investigation. The fact that the vehicle could not be taken away and the miscreants were unsuccessful in their attempt may not be reckoned as lessening the culpability, submits the Prosecutor. 4. Having considered all the relevant inputs, I am satisfied that the petitioner can now be directed to be enlarged on bail subject to appropriate terms and conditions. The Investigators can be given reasonable further time – 10 days – to complete the investigation and apprehend the co-accused. 5. In the result: 1) This application is allowed. 2) The petitioner shall be released on bail on the following terms and conditions. B.A.No. 1869 of 2008 3 (a) The petitioner shall not be released from custody on the strength of this order prior to 5.4.2008. The Investigators shall in the meantime make every endeavour to complete the investigation. (b) He shall execute a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. (c) He shall make himself available for interrogation before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of three months and thereafter as and when directed by the Investigating Officer in writing to do so. (R. BASANT) Judge tm