IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH JANUARY 2008 / 9TH MAGHA 1929 Bail Appl..No. 470 of 2008() ---------------------------- CRIME NO. 1/08 OF FEROKE POLICE STATION .................... PETITIONER/ACCUSED ----------------------------------- A.P.MOHAMMED MANU, AGED 58 YEARS, S/O.A.P.MOIDEEN KUNHI HAJI, A.P.HOUSE, KACHERIKUNNU AMSOM, P.O.POKKUNNU, KOZHIKODE DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) SMT.PREETHY KARUNAKARAN SMT.M.M.DEEPA SRI.JAYKAR.K.S. RESPONDENTS: COMPLAINANT AND STATE ---------------------------------- 1. SUB INSPECTOR OF POLICE, FEROKE POLICE STATION, FEROKE P.O., KOZHIKODE DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682 031. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 470 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of January, 2008 O R D E R Application for regular bail. The petitioner, along with two others, face allegations in a crime registered initially under Section 102 Cr.P.C. and later altered to Section 379 I.P.C. The crux of the allegations is that the third accused was found moving around under suspicious circumstance on a motor cycle. He was intercepted. The vehicle was seized. F.I.R. was registered. In the course of interrogation of the third accused it was revealed that the vehicle in question is a stolen vehicle. The first accused had committed the theft of the vehicle. It was handed over to the second accused. He received it with the full knowledge that it was a stolen vehicle and he, along with the third accused was allegedly involved in an attempt to sell and dispose of the said motor cycle. The petitioner was arrested on 2.1.2008 and he continues in custody from that date. The learned Prosecutor submits that though on interrogation of the third B.A.No. 470 of 2008 2 accused the complicity of the petitioner was revealed, there is no allegation that the petitioner has any criminal antecedents. The police have no information of any such previous crime. 2. The learned counsel for the petitioner prays, the learned Prosecutor does not oppose the said prayer on condition that the Investigator is granted reasonable further time to complete the investigation and I am satisfied that the petitioner can now be directed to be enlarged on bail subject to appropriate terms and conditions. 3. In the result: 1) This application is allowed. 2) The petitioner shall be released on bail on the following terms and conditions. (a) The petitioner shall not be released from custody on the strength of this order prior to 8.2.2008. 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. B.A.No. 470 of 2008 3 (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. (d) During the said period of three months, the petitioner shall not leave the Sessions Division of Kozhikode without the prior permission of the learned Magistrate. (R. BASANT) Judge tm