IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 Bail Appl..No. 6996 of 2009() ----------------------------- CRIME NO.823/2009 OF ALUVA POLICE STATION .................... PETITIONER/ACCUSED NO.1 ------------------------------------------- NAZEER, AGED 35 YEARS S/O. KUNJU MUHAMMED, VELLUKUZHI HOUSE THOTTUMUGHAM, ALUVA, ERNAKULAM DIST. BY ADV. SRI.ANIL K.MOHAMMED RESPONDENT(S): COMPLAINANT -------------------------- STATE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6996 of 2009 --------------------------------------------- Dated this the 24th day of November, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.823 of 2009 of Aluva Police Station. 2. The offences alleged against the petitioner are under Sections 379, 465 and 468 of the Indian Penal Code. 3. The petitioner was arrested on 14.10.2009 and he was remanded to judicial custody. 4. According to the petitioner, he purchased the vehicle in question, a Scorpio car, from one George. The registration certificate was changed in the name of the petitioner. Later, the petitioner sold the vehicle to Usman, the brother of the petitioner. Usman is the second accused in the case. The registration certificate now stands in the name of Usman. It is submitted by the petitioner that nobody has made any complaint to the police stating that his vehicle was stolen. According to the petitioner, the prosecution has no case that the petitioner committed theft of the vehicle. 5. The learned Public Prosecutor submitted that it was found that the engine number and chassis number of the vehicle BA No.6996/2009 2 were tampered with and that the vehicle is a stolen vehicle. 6. 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. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Aluva, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, 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; e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE csl