IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 Bail Appl..No. 7186 of 2009() ---------------------------------------- CRIME NO.16/2009 OF THANE(RURAL) POLICE STATION, MEERA ROAD, MUMBAI. ........... PETITIONER (S): ACCUSED --------------------------- 1. AMJA BAIFERA MOHAMMED,OPP DEEPAK HOSPITAL, THALANGARA VILLAGE AND POST, KASARAGOD. 2. P.A.SHANAWAZ, S/O. M.A.KHADER M.D.NAGAR, THALANGARA VILLAGE AND POST, KASARAGOD. 3. SIRAJUDDIN, M.D.NAGAR, THALANGARA VILLAGE AND POST, KASARAGOD. BY ADV. MR.M.RAMESH CHANDER RESPONDENT(S): STATE AND COMPLAINANT ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA KOCHI-31 2. THE STATION HOUSE OFFICER THANE RURAL POLICE STATION, MEERA ROAD, MUMBAI BY PUBLIC PROSECUTOR MR.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.T. SANKARAN, J. --------------------------- B.A. No. 7186 of 2009 ------------------------------------ Dated this the 2nd day of December, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos. 1 to 3 in Crime No.16/2009 of Thane(Rural) Police Station, Meera Road, Mumbai. 2. The offence alleged against the petitioners is under Section 379 read with Section 34 of the Indian Penal Code. 3. The date of occurrence, according to the defacto complainant was between 06.11.2008 and 08.11.2008. The defacto complainant stated that he was working abroad at that time. The first accused is his relative. The defacto complainant came to India on 06.06.2008. However, F.I.R. was lodged only on 17.01.2009. 4. The learned counsel for the petitioners submitted that since the crime was registered in the Police station beyond the limits of the jurisdiction of this court, the petitioners intend to move the appropriate Court for bail or Anticipatory Bail. B.A. No. 7186 of 2009 2 5. It is also submitted by the learned counsel for the petitioners that an application under Section 482 of the Code of Criminal Procedure was filed by the petitioners before the High Court of Mumbai to quash the F.I.R. It is also submitted that though an interim order was granted by the Mumbai High Court, later, that order was vacated. 6. In the facts and circumstances of the case, I am of the view that a breathing time can be granted to the petitioners to move the appropriate Court for bail or for Anticipatory Bail. I am also of the view that in the meanwhile, the petitioners should be protected from arrest and detention. Therefore, there will be a direction to the Station House Officer, Thane (Rural) Police station, Meera road, Mumbai and any officer, who acts on his behalf, not to arrest the petitioners in connection with Crime No. 16/2009 of Thane (Rural) Police Station for a period of three weeks. No further orders are required in this Bail Application. The Bail Application is accordingly disposed of with the above direction. K.T. SANKARAN, JUDGE ln