IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 14TH AUGUST 2007 / 23RD SRAVANA 1929 Bail Appl..No. 4916 of 2007() -----------------------------\ CRIME NO.208/07 OF THE FEROKE POLICE STATION .................... : PETITIONER/ACCUSED ----------------------------------- ISMAIL, S/O MUHAMMED HAJI, AGED 21 YEARS, KODIKKALPARAMBA HOUSE, KUZHIMANNA P.O., MALAPPURAM DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, FEROKE POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/08/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. -------------------------------------------- B.A. NO. 4916 of 2007 -------------------------------------------- Dated this the 14th day of August, 2007 ORDER Application for regular bail. The petitioner was taken into custody on 21/7/07 because the detecting officer felt suspicion about the possession of 10 filled gas cylinders and 4 empty gas cylinders in the possession of the petitioner in a car. The petitioner was interrogated. Subsequently, offence under Sec.379 of the IPC has also been included among the sections of offences. The petitioner continues in custody from 21/7/07. The learned counsel for the petitioner submits that the petitioner has absolutely no criminal antecedents. He has been unnecessarily detained in custody. No specific allegation has been raised so far by the prosecution as to where and from whose possession theft, if any, has been committed. In these circumstances, continued detention of the petitioner is not necessary. He may be enlarged on bail, it is prayed. 2. The learned Public Prosecutor does not oppose the B.A. NO. 4916 of 2007 -: 2 :- prayer for regular bail. I am satisfied that the petitioner can now be enlarged on bail subject to appropriate terms and conditions. 3. In the result: (a) The application is allowed. (b) The petitioner shall be released on bail on the following terms and conditions: (i) The petitioner shall execute a bond for Rs.50,000/- 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 on all Mondays between 10 a.m. and 11 a.m. for a period of three months and thereafter as and when directed by the Investigating Officer in writing to do so. (R. BASANT, JUDGE) Nan/