IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930 Bail Appl..No. 541 of 2009() ---------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.7541/2008 Dated 22/01/2009 (CRIME NO.300/2007 OF FEROKE POLICE STATION) PETITIONER/ ACCUSED: --------------------------- C.P. MUJEEB RAHMAN, S/O. ABOOBACKER, CHERIYALLINGAL HOUSE, AMBALATHARA NILAM, OLAVANNA, KOZHIKODE DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): STATE -------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLIOCE, FEROKE POLICE STATION - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl. No. 541 of 2009 --------------------------------------------------- Dated this the 12th day of February, 2009. ORDER Petition for anticipatory bail. 2. The alleged offences are under Sections 395 and 34 of IPC. According to prosecution, de facto complainant and others were travelling in a Scorpio car and they had gone to a restaurant by parking the car by the side of a road. The car was taken away by accused 1 and 2 and some other identifiable persons. A bag containing gold and money was also there in the car and accused committed the various offences. 3. Petitioner is one of the identifiable persons, who is arrayed as accused no.3. The incident occurred on 15.10.2007 and accused nos. 1 and 2 were arrested on the next day. The 4th accused applied for anticipatory bail and it was allowed as per order dated 22.1.2009 in B.A.No.7541 of 2008. It was submitted that the statement of the driver of the Scorpio car was recorded under Section 164 Cr.P.C. and the said statement itself reveals the innocence of the accused. The 4th accused purchased the said car from one Mohammed and he sold it to another Mohammed. The said Mohammed did not pay the full amount and he was absconding. The car was also missing and in the meantime it was found parked by the side of a road and 4th accused wanted to take re-possession of the same. He met the driver of the Scorpio car to whom he explained the facts and he [B.A.No.541/2009] 2 was convinced about it and he left the care to A4. Another vehicle was arranged for him to take back the passengers to their destination. The car was taken away with good intention and as of right by the accused. There is no criminal element, it is submitted. 4. On hearing both sides and on going through the earlier order of anticipatory bail granted to 4th accused, I am satisfied that this is a fit case to grant anticipatory bail. Learned Public Prosecutor submitted that petitioner may be directed to surrender before the investigating officer and co-operate with the investigation and subject to that he has no objection in grating bail. Petitioner shall surrender before the investigating officer within seven days from today and co- operate with the investigation and make himself available for interrogation and in case petitioner is arrested, he may be released on bail on his executing a 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) Petitioner shall report before the investigating officer as and when directed. ii) Petitioner shall not tamper with evidence or influence the witnesses or intimidate them or commit any offence while on bail. Petition is allowed. K. HEMA, JUDGE. Krs.