IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 Bail Appl..No. 1364 of 2008() ----------------------------- CRIME NO.10/08 OF KALIYAR POLICE STATION : PETITIONER: ---------------------------- AJI, AGED 20 YEARS, S/O. KRISHNANKUTTY, RESIDING AT KUNNUMPURATH HOUSE NJARAKUTTY, KALIYAR, THODUPUZHA VIA., IDUKKI DIST. BY ADV. SRI.GEO PAUL SRI.SANU MATHEW RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY S.I. OF POLICE, KALIYAR POLICE STATION BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1364 of 2008 ------------------------------------- Dated this the 10th day of March, 2008 ORDER Application for anticipatory bail. Petitioner is the 2nd accused. The 1st accused allegedly snatched a gold chain on 13.01.08. He was arrested on 06.02.08 in Crime 87 of 2008. He allegedly made confession to the police. In such confession, he admitted his complicity in the present crime which took place on 13.01.08. He has been arrayed as the 1st accused. Investigation is in progress. In the course of interrogation of the 1st accused, it was revealed that the petitioner had helped the 1st accused for disposal of the stolen gold ornament. Accordingly the petitioner has also been arrayed as an accused. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. He has no criminal antecedents whatsoever. He does not deny the fact that he had helped the 1st accused to dispose of the gold ornament in a jewellery, but he asserts that he had no contumacious knowledge or intention that the 1st accused had committed any crime or that the property that B.A.No.1364 of 2008 2 the 1st accused had sold to the jewellery and which the petitioner had helped the 1st accused to sell to the jewellery was an item of stolen property. The petitioner has no history of any criminal antecedents and he is aged 20 years. If he had an inkling that it was a stolen article the petitioner would not have helped the 1st accused to dispose of the property. In any view of the matter, the petitioner may not be compelled to endure the trauma of arrest and incarceration. The petitioner may be granted anticipatory bail, it is prayed. 3. The learned Public Prosecutor reports that the stolen gold ornament which was sold to the jewellery by the 1st accused in collusion with the petitioner has already been seized. The petitioner is aged only about 20 years. He does not have any criminal antecedents also. Notwithstanding the opposition by the learned Public Prosecutor, I am satisfied, in the facts and circumstances of this case, that the petitioner can be granted anticipatory bail subject to appropriate terms and conditions. 4. In the result, the Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. i) The petitioner shall appear before the learned Magistrate at 11 a.m on 17.03.2008. He shall be enlarged on B.A.No.1364 of 2008 3 regular bail on his executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; ii) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m and 1 p.m on 18.03.2008 and 19.03.2008. During this period, the Investigating Officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps the proper conduct of the investigation. Thereafter the petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of two months and subsequently the petitioner shall make himself available for interrogation before the Investigating Officer as and when directed by the Investigating Officer in writing to do so; iii) If the petitioner does not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioner and deal with him in accordance with law as if those directions were not issued at all; B.A.No.1364 of 2008 4 iv) If the petitioner were arrested prior to his surrender on 17.03.08 as directed in clause (1) above, he shall be released from custody on his executing a bond for Rs.50,000/- (Rupees Fifty thousand only) without any sureties undertaking to appear before the learned Magistrate on 17.03.08. (R.BASANT, JUDGE) rtr/-