IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 Bail Appl..No. 7541 of 2008() ----------------------------- (CRIME NO.300/2007 OF FEROKE POLICE STATION) PETITIONER/ACCUSED NO.4 :- ---------------------------------------------- KALANGADAN YOUSAF, S/O.MUHAMMED, KALANGADAN HOUSE, MORAYOOR, MALAPPURAM DIST. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------- THE STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, FEROKE POLICE STATION -THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI 31. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7541 of 2008 ----------------------------------------- Dated this the 22nd January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Sections 395 and 34 of the Indian Penal Code. According to prosecution, de facto complainant and others were travelling in a Scorpio car and they had gone to a restaurant by parking the car by the side of the road. The car was taken away by accused 1 and 2 and some other identifiable persons. A bag containing gold and money was also there in the car and accused committed the various offences. 3. Learned counsel for petitioner submitted that the incident happened on 15.10.2007 and accused 1 and 2 were arrested on the next day. Petitioner, who is fourth accused, was called to the police station and he was questioned on several occasions. Fourth accused is the owner of the vehicle. He purchased the car from one Mohammed on 9.4.2007 and he sold the same to another Mohammed on 29.8.2007, but the said Mohammed did not pay the full amount and he was BA.7541/08 2 absconding. The car was also missing and in the meantime the car was found parked by the side of the road and petitioner wanted to take repossession of the same. 4. The accused approached the driver of the vehicle who was found nearby and others and explained the whole history and he also arranged a vehicle for them to go back to their destination. Thereafter, the car was taken away, with all good intentions and as of right. But a crime was registered alleging the criminal offences. Petitioner applied for anticipatory bail in the year 2008 and it was dismissed stating that the investigation is at an early stage. It is also submitted that a report is now filed by the police and the statement of the driver was also recorded under Section 164 Cr.P.C and all these will reveal the innocence of petitioner and also the actual manner in which the matter was taken. 5. The allegations made by the driver now in his statement under section 164 Cr.P.C. tallys with the case set up by petitioner. It is also pointed out by learned counsel for petitioner that the person from whom the car was purchased was also questioned and petitioner's innocence is revealed.But, still it appears that petitioner remains as an accused and the BA.7541/08 3 police intents to arrest him. Therefore, this petition is filed for anticipatory bail. 6. Learned Public Prosecutor submitted that petitioner may be directed to surrender before the investigating officer and co-operate with the investigation and subject to this, he has no objection in granting anticipatory bail to petitioner. 7. On hearing both sides, I find that anticipatory bail can be granted to petitioner and the following order is passed: Petitioner shall surrender before the investigating officer within seven days from today and co-operate with the instigation and make himself available for interrogation and in case petitioner is arrested, petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer, on the following conditions: i) Petitioner shall report before the investigating officer as and when directed. iii). Petitioner shall not tamper with evidence or influence the witnesses or intimidate them or commit any offence while on bail. Petition is allowed. K.HEMA, JUDGE vgs.