IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 Bail Appl..No. 676 of 2010() --------------------------------------- CRMP.131/2010 of D.C. & SESSIONS COURT,KOLLAM CRIME NO.1097/2009 OF CHAVARA POLICE STATION, KOLLAM. .................... PETITIONER/3RD ACCUSED: ------------------------------------------ RASHEED, AGED 35 YEARS, S/O.ANSARUKUNJU, RAVI BHAVANAM, WARD NO.I, KRISHNAPURAM FAROM MALIKAYIL VILLAGE, CHERAVALLY MURI, KAYAMKULAM VILLAGE. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK SRI.M.S.UNNIKRISHNAN (OASIS) RESPONDENT/ COMPLAINANT: ------------------------------------------------ THE S.I. OF POLICE, CHAVARA POLICE STATION, KOLLAM, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S.BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/02/2010, ALONG WITH BA NO. 685 OF 2010 & BA NO. 797 OF 2010 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. Nos. 676, 685 & 797 of 2010 ------------------------------------------- Dated this the 25th day of February, 2010 O R D E R These Bail Applications are filed by Rasheed, who is the 3rd accused in Crime No.1097/2009, 4th accused in Crime No.1098/2009 and 7th accused in Crime No.1099/2009 of Chavara Police Station, Kollam, under Section 439 of the Code of Criminal Procedure. 2. The offences alleged against the petitioner in all the three cases are under Sections 379 and 411 read with Section 34 of the Indian Penal Code. 3. In all the three cases, the stolen articles were autorickshaws. The allegation in all the cases against the petitioner is that he received stolen property knowing fully well that it was stolen property. The petitioner was arrested on 26/12/2009 and he was remanded to judicial custody. 4. The crimes were registered in different Police Stations in the year 2008 and 2009. Later, the petitioner was arrested by Chavara Police and Crime Nos.1097/2009, 1098/2009 and 1099/2009 were registered. Chavara Police B.A. Nos. 676, 685 &797 of 2010 2 realised that crimes were registered in the respective Police Stations in 2008 and 2009. Therefore, the cases were transferred to the respective Police Stations. Crime No.1097/2009 of Chavara Police Station is now being proceeded with as Crime No.229/2008 of Parippally Police Station. Crime No.1098/2009 of Chavara Police Station is now being proceeded with as Crime No.688/2008 of Chathannoor Police Station. Crime No.1099/2009 of Chavara Police Station is now being proceeded with as Crime No.112/2009 of Pallickal Police Station. 5. The learned counsel for the petitioner submitted that final report is not filed in these three cases. The period of 60 days from the date of the arrest of the petitioner is over. It is submitted that the petitioner is entitled to default bail under the proviso to Section 167(2) of the Code of Criminal Procedure. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and also the fact that charge is not filed within the period prescribed under the proviso to Section 167(2) of the Code of Criminal Procedure, I am inclined B.A. Nos. 676, 685 &797 of 2010 3 to grant bail to the petitioner. 7. The petitioner shall be released on bail on his executing bond for Rs.25,000/- in each case with two solvent sureties each for the like amount to the satisfaction of the Magistrate having jurisdiction, subject to the following conditions:- A) The petitioner shall appear before the Investigating Officer in Crime No.688 of 2008 of Chathannoor Police Station between 9 A.M. and 11 A.M. on alternate Mondays. The petitioner shall appear before the Investigating Officer in Crime No.229/2008 of Paripally Police Station between 9 A.M. and 11A.M. on alternate Wednesdays. The petitioner shall also appear before the Investigating Officer in Crime No.112/2009 of Pallickal Police Station between 9 A.M. and 11 A.M. on alternate Saturdays. The appearance as aforesaid shall be made till the final reports are filed or until further orders; B) The petitioner shall appear before the Investigating Officer for interrogation as and when required; C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; B.A. Nos. 676, 685 &797 of 2010 4 E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. Bail Applications are allowed as above. K.T. SANKARAN, JUDGE scm