IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 9TH JULY 2010 / 18TH ASHADHA 1932 Bail Appl..No. 4168 of 2010() -------------------------------------- CRIME NO.177/2010 OF THRITHALA POLICE STATION. ......... PETITIONER/ ACCUSED IN NOS. 1,2 AND 3, IN CUSTODY ---------------------- 1. MOHAMMED KUTTY FALAKKY,AGED 44 YEARS, S/O.KUNHIVAPPU MUSALIYAR,PALAKKAPPARAMBIL HOUSE, KARINGANAD, MANNENGODE P.O.,OTTAPPALAM TALUK, PALAKKD DISTRICT. 2. MOHAMMED KUTTY, AGED 65 YEARS,S/O. MARAKKAR, KIZHEKKETHIL HOUSE,VILAYRU, OTTAPPALAM TALUK,PALAKKAD DISTRICT. 3. NISSAR, AGED 23 YEARS,S/O.RASHEED, RAYAMARAKKAL HOUSE,THEKKINKODE, PERINTHALMANNA P.O MALAPPURAM DISTRICT. BY ADV. SRI.K.MUHAMMED SALAHUDHEEN RESPONDENT(S): ------------------------ STATE OF KERALA, REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/07/2010,ALONG WITH BA. NO.4189 OF 2010 & BA. NO.4177 OF 2010 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. Nos. 4168, 4177 & 4189 of 2010 ---------------------------------------------- Dated this the 9th day of July, 2010 O R D E R Petitions are for bail. 2. The alleged offence is under Section 41(1) (d) of the Code of Criminal Procedure. According to prosecution, on 30.06.2010, accused nos. 1 to 5 were found transporting idol for sale and they were arrested and produced before the Magistrate and they were remanded. The articles were seized. Petitioners are accused nos. 1, 2 and 3. 3. Learned counsel for petitioners submitted that petitioners have not committed any offence and he also submitted that a person who is arrested merely on suspicious circumstances under Section 14(1)(d) cannot be said to be a person who has committed cognizable or non bailable offence. Such person ought not to have been remanded to custody. He also cited a decision reported in Manikandan V/s Sub Inspector (2008 (1) KLT 37) in support of this contention. 4. Learned Public Prosecutor conceded that though the incident happened on 30.06.2010, even now the Section is not altered. B.A. Nos. 4168, 4177 & 4189 / 2010 2 5. On hearing both sides, I am satisfied that bail can be granted to the petitioners, who was in custody for the past nine days. Hence the following order is passed: Petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: i) Petitioners shall report before the Investigating Officer on every Monday and Thursday, between 10 A.M. and 1 P.M. ii) Petitioners shall not influence or intimidate any witness or tamper with the evidence. These petitions are allowed. K. HEMA, JUDGE ln