IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 Bail Appl..No. 6582 of 2009() ------------------------------------- CRMP.3550/2009 of DISTRICT COURT, KASARAGOD CRIME NO.221/2009 OF BEKAL POLICE STATION, KASARAGOD .................... PETITIONER/ ACCUSED NO.8: ---------------------------------------------- K.T.HANEEFA, S/O.AZEEZ, AGED 38 YEARS, SHAJIDA MANZIL, PUZHAPPILANGAD VILLAGE, KANNUR DISTRICT. BY ADV. SRI.P.K.RAVISANKAR RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. C.K. SURESH, PUBLIC PROSECUTOR SRI. V.G. GOVINDAN NAIR, DGP THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6582 of 2009 ------------------------------------ Dated this the 20th day of November, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.8 in Crime No.221/2009 of Bekal Police Station, Kasaragod. 2. The offences alleged against the petitioner are under Sections 457, 380, 461, 411 and 414 read with Section 34 of the Indian Penal Code. 3. The gist of the prosecution case is that on 17/6/2009, accused Nos.1 to 7 committed theft of 33 Kgs of gold and a sum of Rs.6,74,272/- from North Malabar Gramin Bank. The allegation is that accused No.8, the petitioner herein, purchased 4.5 Kgs of gold from the 3rd accused knowing fully well that the gold was stolen article. The petitioner was arrested on 26/8/2009 and he was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that the offences alleged against the petitioner would constitute only Sections 411 and 414 of the Indian Penal Code and after completing the investigation, the final report having not been B.A. No. 6582 /2009 2 filed within 60 days from the date of arrest, the petitioner is entitled to default bail under Section 167(2) of the Code of Criminal Procedure. 5. Taking into account the facts and circumstances of the case and also the fact that Section 167(2) of Code of Criminal Procedure would be attracted in the case of the petitioner, I am inclined to grant bail to the petitioner. 6. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Hosdurg 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 and 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. No. 6582 /2009 3 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 scm