IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 Bail Appl..No. 6138 of 2011() ------------------------- CRIME NO.468/2011 OF MEDICAL COLLEGE POLICE STATION KOZHIKODE DISTRICT PETITIONER: ACCUSED ---------------------- K.ABDUL KHADER, S/O.ABDURAHIMAN, AGED 56 YEARS, KOYAMBATTA HOUSE, P.O.CHEROOPPA, KOZHIKODE DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, KOZHIKODE DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6138 of 2011 ---------------------------------------------- Dated this the 22nd day of August, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.468 of 2011 of Medical College Police Station, Kozhikode District. 2. The offence alleged against the petitioner is under Section 379 of the Indian Penal Code. 3. When the Bail Application came up for admission on 09/08/2011, the following order was passed: “3. The prosecution case is that four tyres of the bus belonging to the de facto complainant were stolen. The tyres were recovered from the bus belonging to the accused. The case of the prosecution is that the accused had stolen the tyres. 4. The learned Counsel for the petitioner submitted that the tyres were supplied to the accused by one Pavithran. The accused purchased second hand tyres as he could not afford to purchase new tyres. When the police enquired about the same, the accused told the true facts and co- operated with the investigating officer. Bail Appln.No.6138/2011 : 2 : 5. The learned Public Prosecutor submitted that Pavithran is not traced out. 6. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 16th and 17th August, 2011. 7. Post on 22nd August, 2011. 8. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.468 of 2011 of Medical College Police Station, Kozhikode District, till 25th August, 2011. 9. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any.”. 4. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 09/08/2011 has been complied with by the petitioner. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 09/08/2011 has been complied with by the petitioner, I am of the view that Bail Appln.No.6138/2011 : 3 : anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for `10,000/- (Rupees Ten thousand only) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall appear before the investigating officer for interrogation as and when required; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. d) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE skj