IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 Bail Appl..No. 2028 of 2008() ----------------------------- CRIME NO. 179/08 OF ANCHAL POLICE STATION CRMP.2852/2008 of J.M.F.C.-I, PUNALUR .................... PETITIONER/ACCUSED: ------------------------------------ VIPIN KUMAR, S/O. CHANDRAN NAIR, CHAMPAKASSERI VEEDU, PANAYAM, EROOR MURI, EROOR VILLAGE (FROM VIPIN SADANAM, KATTAVAKKUZHI, MANJAMON KALA MURI, VILAKKKUDI VILLAGE). BY ADV. SRI.R.SURAJ KUMAR SMT.GEETHA P.MENON RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 2028 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of April, 2008 O R D E R Application for regular bail. The petitioner is the second accused. He now faces allegations in a crime registered alleging offences punishable, inter alia, under Sections 379, 201 and 411 I.P.C. The petitioner was intercepted and arrested under suspicious circumstances by the police on 14.3.2008. He was proceeding on a motor cycle. Arrest was effected under Section 41(1)(d) Cr.P.C. The motor cycle was suspected to be a stolen vehicle. It bore a false registration number. When the petitioner was interrogated he stated that the vehicle was received from the possession of the first accused. The vehicle was involved in a theft committed on 26.9.2007. The owner of the vehicle had raised no complaint assuming that the vehicle must have been re- possessed by the financier. The petitioner continues in custody from 14.3.2008. The first accused, though ascertained, has not B.A.No. 2028 of 2008 2 been arrested so far. Investigation is in progress. Final report has not been filed. 2. The learned counsel for the petitioner submits that the petitioner is innocent. He, who remains in custody from 14.3.2008, may now be enlarged on bail, it is prayed. 3. The learned Prosecutor does not oppose the application on condition that the Investigator is given reasonable further time to apprehend the first accused and complete the investigation. In the facts and circumstances of this case, I am satisfied that the petitioner can now be directed to be enlarged on bail subject to appropriate terms and conditions. 4. 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 11.4.2008. The Investigators shall in the meantime make every endeavour to complete the investigation. B.A.No. 2028 of 2008 3 (b) He shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. (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 two months from the date of his release and thereafter as and when directed by the Investigating Officer in writing to do so. (R. BASANT) Judge tm