IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 Bail Appl..No. 2017 of 2008() ----------------------------- CRMP.2811/2008 of J.M.F.C.,CHALAKUDY CRIME 102/08 OF MALA POLICE STATION .................... PETITIONER/ ACCUSED ------------------------ VINISH, S/O.CHANDRAN AKKALA PARAMPIL HOUSE, POTTA VILLAGE NEAR PANAMPALLY COLLEGE, CHALAKKUDY. BY ADV. SRI.C.RAJENDRAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE MALA POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 2017 OF 2008 ```````````````````````````````````````````````````` Dated this the 2nd day of April, 2008 O R D E R Application for regular bail. Petitioner is the 4th accused. Altogether there are four accused persons. The victim and the 4th accused had a financial transaction and the victim allegedly owed an amount of Rs.35,000/- to the petitioner/A4. That amount had not been returned. It is alleged that while the victim was in the house of the de facto complainant on 24.2.08, three unknown persons forcibly took away the victim from the house of the de facto complainant in a motor cycle after assaulting him and threatened him. The de facto complainant reported the matter to the police. The victim was released by the miscreants later on the same day. The victim complained that his detention was at the instance of the petitioner herein. Accordingly, the petitioner was arrested on 25.2.08. He remains in custody from that date. BA.2017/08 : 2 : 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. The petitioner has nothing to do with accused Nos.1 to 3. Only A2 and A3 were identified by the police. A1 remains to be identified. The learned counsel for the petitioner submits that in any view of the matter, the petitioner, who remains in custody from 25.2.08, does not deserve to be incarcerated any longer. The failure to identify A1 so far and the inability of the police to arrest A2 and A3 may not be reckoned as a sufficient reason to continue the detention of the petitioner in custody, submits the learned counsel for the petitioner. The application is opposed. 3. Having considered all the relevant inputs, I am satisfied that the petitioner, who remains in custody from 25.2.08, can now be enlarged on bail subject to appropriate conditions. 4. In the result, this petition is allowed. The petitioner shall be released on bail on the following terms and conditions:- BA.2017/08 : 3 : i) The petitioner shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioner shall make himself available for interrogation before the investigating officer between 10 a.m and 12 noon on all Mondays and Fridays, 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) aks