IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 Bail Appl..No. 4414 of 2008() ----------------------------- CRIME NO.94/2008 OF VITHURA POLICE STATION .................... PETITIONER/ACCUSED:- ------------------------------------- RAHMATHULLA,AGED 34 YEARS, S/O SASLI MOULAVI, TC 10/1640, DAR-UL-SALAM, VATTIYOORKAVU, THIRUVANANTHAPURAMM. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT: COMPLAINANT ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------------- Bail Application No.4414 of 2008 ------------------------------------------------------- Dated this the 12th day of August, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 379 and 34 IPC. According to the prosecution, accused Nos. A1 to A6 committed theft of some precious stones worth about Rs.2 lakhs from the defacto complainant. Thereafter, stolen articles were disposed of with the help of the petitioner. His car was also used for taking the stones for selling it in Jewellery shop. 3. Learned counsel for petitioner submitted that the petitioner is a priest in a Mosque and when accused nos.1 to 6 approached him with a request to sell the stones, he only introduced a jeweller, to whom the precious stones were sold. He is not aware whether the precious stones were stolen articles and he had no intention to commit any offence. Petitioner is prepared to co-operate with the investigation in any manner and he is even prepared to produce the car before the police at any time. No recovery is to be effected from the petitioner, except the car for which the petitioner is ready and willing. 4. Learned public prosecutor submitted that the petitioner BA No.4414/08 2 may be directed to produce the car before the Investigating Officer and make himself available for interrogation and subject to that he has no objection in granting bail to the petitioner. Hence, the following order is passed: (1) The petitioner shall surrender before the Investigating officer within seven days from today and co-operate with the investigation and make himself available for interrogation. (2) The petitioner shall be released on bail in the event of his arrest, if any, on his executing 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) He will make himself available for interrogation and not tamper with evidence or influence or intimidate any witness. (ii) He will report before the Investigating Officer as and when directed and co-operate with the investigation. The petition is allowed. K.HEMA, JUDGE csl