IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 Bail Appl..No. 1906 of 2008() ----------------------------- CRIME NO. 63/08 OF KODAKARA POLICE STATION PETITIONER/ACCUSED ----------------------------------- MUHAMMED SHAMEER, S/O KHADER, AGED 31 YEARS, KUDILIL HOUSE, VELLARAPILLY KARA, CHOWARA VILLAGE, ALUVA TALUK. BY ADV. SRI.M.A.ABDUL HAKHIM RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KODAKARA POLICE STATION. (THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM) BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1906 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of March, 2008 O R D E R Application for regular bail. The petitioner faces allegations in a crime registered under sections 406 and 420 I.P.C. The crux of the allegations against the petitioner is that he had agreed to the defacto complainant to sell a Maruti Swift car belonging to him. He had received a huge amount as advance purportedly to clear of the liabilities to the bank. After taking such amount, the petitioner did not allegedly hand over the car. He fraudulently induced the defacto complainant to part with the amount without any serious intention of handing over the car to the defacto complainant. The petitioner was arrested on 25.2.2008. He continues in custody from that date. 2. The learned counsel for the petitioner prays, the learned Prosecutor does not oppose the said prayer and I am satisfied that the petitioner, who has remained in custody from 25.2.2008, can now be directed to be enlarged on bail, subject to appropriate terms and conditions. B.A.No. 1906 of 2008 2 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 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) 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 two months and thereafter as and when directed by the Investigating Officer in writing to do so. (R. BASANT) Judge tm