IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 Bail Appl..No. 7271 of 2008() ----------------------------- CRIME NO.668/08 OF CHERPU POLICE STATION PETITIONER: ACCUSED --------------------------- RAFEEQ, AGED 28 YEARS, S/O. ABDUL KHADER, PANICKAVEETTIL, VADANAPPILLY VILLAGE, THRITHALLOOR DESOM, THRISSUR. BY ADV. SRI.RAJIT RESPONDENT(S): STATE -------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7271 of 2008 ----------------------------------------- Dated this the 1st December, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 381 of the Indian Penal Code. According to prosecution, on the allegation that petitioner was found under suspicious circumstances with 164.35 grams of gold, he was arrested at Cherpu and a crime was registered under Sections 41(1)(d) and 102 of the Code of Criminal Procedure. On the basis of a confession statement made by petitioner that the place of incident is within the limit of Vadanappally police station, the case was transferred to the said police station and a crime was registered under Section 381 IPC. 3. Learned counsel for petitioner submitted that petitioner is working in a jewellery, for the past 12 years. Some difference of opinion arose between the shop owner and petitioner for wages, recently. When petitioner wanted to leave the employment, owner was not prepared to allow him to leave, since he will not be in a position to run the shop without the aid of petitioner. The owner used to send petitioner to Cherpu with old gold ornaments to get BA.7271/08 2 them melted, for the purpose of use in the shop. On 5.11.2008 also he was sent with certain gold ornaments. The gold which was in possession was not stolen article. But on the date of incident, owner of the shop cheated de facto complainant by giving information to the police and got him arrested, it is submitted. 4. Even according to the allegations made by de facto complainant, petitioner was stealing small pieces of gold day-by-day for the past two years and with these gold pieces, he had gone to Cherpu and got them melted into gold ingot. It is submitted that the allegations are highly improbable and petitioner is innocent. Petitioner is in custody from 5.11.2008. Article is also recovered and hence, he may be granted bail, it is submitted. On hearing both sides, I find that bail can be granted to petitioner. Hence, the following order is passed: Petitioner shall 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 Magistrate Court concerned on the following conditions: i) Petitioner shall report before the investigating officer as and when directed. BA.7271/08 3 ii) Petitioner shall not influence or intimidate any witness or tamper with evidence or commit any witness while on bail and in case of breach of this condition, bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.