IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 7TH JULY 2010 / 16TH ASHADHA 1932 Bail Appl..No. 2505 of 2010() ----------------------------- CRIME NO.165/10 OF KATTAPPANA POLICE STATION, IDUKKI. .................... (S): PETITIONER ------------------------------ JAYANEENDRAN.K.M , AGED 40 YEARS S/O.K.S.MANI, KALABHAMKULATH HOUSE KADAMAKKUZHY PO, THOOMKUZHY BHAGOM, VALLAKKADAVU KARA, KATTAPPANA, UDUMBANCHOLA TALUK IDUKKI DISTRICT. BY ADV. SRI.K.V.SABU RESPONDENT(S): --------------- S.I.OF POLICE, KATTAPPANA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.2505 of 2010 ---------------------------------------------- Dated 7th July, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 379 of the Indian Penal Code. According to prosecution, accused nos.1 to 4 committed theft of a motor pump belonging to defacto complainant and it was received by petitioner (A5), knowing it to be stolen. The theft was committed between 11.3.2010 and 16.3.2010. 3. Learned counsel for petitioner submitted that petitioner is a driver by profession and he is absolutely innocent of the allegations made. It is true that he purchased a motor pump, but he was not aware that it was a stolen article. 4. Learned Public Prosecutor submitted that an opportunity was given to petitioner to explain his case before the Investigating Officer and as per the direction of this Court, he surrendered before the Investigating Officer and he was questioned. There is no objection in granting anticipatory bail on conditions, it is submitted. BA NO.2505/10 2 5. On hearing both sides, the following order is passed : (1) Petitioner shall, in the event of arrest, 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 and co-operate with the investigation. (ii) Petitioner shall not influence or intimidate any witness or tamper with evidence. (iii) In case petitioner is involved in any offence of similar nature, his bail is liable to be cancelled. (2) This order will be in force only for a period of 15 days. Petitioner shall move the court concerned for regular bail in the meantime. Petition is allowed. K.HEMA, JUDGE. tgs