IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 Bail Appl..No. 1333 of 2010(B) -------------------------------------- CRIME NO.81/2010 OF FEROKE POLICE STATION, KOZHIKODE .................... PETITIONERS/ACCUSED: --------------------------------------- 1. ABDUL SATHAR ,S/O.ISAB BANIGRAM JURRIHEDA PO,NEHIL SIKKAMA, BHARATUPUR DISTRICT, RAJASTHAN. 2. MUHAMMED ASAD, S/O.KAMARUDHEEN BANIGRAM JURRIHEDA PO,NEHIL SIKKAMA, BHARATUPUR DISTRICT, RAJASTHAN. BY ADV. SRI.BABU S. NAIR RESPONDENT/COMPLAINANT: --------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE FEROKE POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM KOCHI-31. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1333 of 2010 ------------------------------ Dated this the 8th day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.1 and 2 in Crime No. 81/2010 of Feroke Police Station, Kozhikode. 2. The offence alleged against the petitioners is under Section 420 read with Section 34 of the Indian Penal Code. 3. The prosecution case is the following: The petitioners, who hail from Rajasthan and who are allegedly engaged as driver and cleaner of a Trailor lorry, got acquaintance with one Mohammadali. The accused and Mohammadali talked in Hindi. The accused persons stated to Mohammadali that they had in their possession a gold treasure and if an amount of Rs.5 lakhs was given, it could be handed over to Mohammadali. They also stated that an advance amount of Rs.5,000/- was required. Mohammadali paid a sum of Rs.1,000/- as advance. The accused directed Mohammadali to meet them near Bhuvaneswari Hotel, Ramanattukara. Mohammadali had given information to the police. The police personnel also went to the place in disguise. B.A. No. 1333/ 2010 2 The accused persons handed over an ingot to Mohammadali making him believe that it was the gold treasure. The petitioners were arrested by the police. On examination of the ingot, it was found that it was made of Copper and Zinc. The petitioners were remanded to judicial custody and they are in judicial custody since 7/2/2010. 4. The learned counsel for the petitioners submitted that petitioners are prepared to comply with any condition that may be imposed by the Court. It was submitted that if the petitioners are detained further, they would be put to great hardship and misery. It is submitted that the petitioners have permanent address and that they are prepared to produce the proof of the same before the Court. 5. Taking into account the facts and circumstances of the case and also the submission made by the learned counsel for the petitioners, I am inclined to grant bail to the petitioners on stringent conditions. 6. The petitioners shall be released on bail on their executing bond for Rs.35,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-V, Kozhikode subject to the following B.A. No. 1333/ 2010 3 conditions:- a) The petitioners shall appear before the Investigating Officer between 9 A.M. and 11 A.M. on every day, until the final report is filed or until further orders; b) The petitioners shall appear before the Investigating Officer for interrogation as and when required; c) The petitioners shall not leave the State of Kerala, until further orders; d) The petitioners shall furnish all the relevant details of their permanent abode before the learned Magistrate, supported by sufficient proof to the satisfaction of the learned Magistrate; e) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; f) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; g) 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