IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 25TH JUNE 2010 / 4TH ASHADHA 1932 Bail Appl..No. 3494 of 2010() ----------------------------- CRIME NO.96/10 OF KALPAKANCHERY POLICE STATION, MALAPPURAM. .................... (S): PETITIONER/1ST ACCUSED ------------------------------------------ AFSAL, S/O.KUNJIBAVA, KUTTOOS MARAKKARAKATH HOUSE, PONNANI, THRIKKAVU, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE KALPAKANCHERI, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.3494 of 2010 ---------------------------------------------- Dated 25th June, 2010. O R D E R This petition is for bail. 2. The alleged offences are under Sections 457 and 380 read with Section 34 of the Indian Penal Code. According to prosecution, in 2008, petitioner(A1) along with second accused, committed house breaking and also theft of a CD player. 3. Learned counsel for petitioner submitted that petitioner was actually taken into custody on 29.1.2010 and he was illegally detained in the police station. Therefore, petitioner's wife filed a petition under Section 97 of the Criminal Procedure Code on 5.2.2010 and petitioner was produced before the court on 8.2.2010. Thereafter, several cases were registered against petitioner alleging that he committed theft etc. 4. Petitioner is absolutely innocent of the allegations made. He is doing business in foreign goods. The police came to his house and took away several foreign goods from his house and other cases are registered against him to harass the petitioner. It is also submitted that the co-accused is already BA NO. 3494/10 2 granted bail by the trial court. Petitioner is in custody for the past 130 days. It is further submitted that petitioner has a definite defence that he is falsely implicated in various crimes after taking him into custody on 29.1.2010. Petitioner cannot defend his case, if he is detained in prison. 5. Learned Public Prosecutor submitted that petitioner was arrested on 7.2.2010 in crime no.4/2010 of Valancherry police station and on interrogation, it was revealed that he is involved in various other crimes. He was not taken into custody on 29.1.2010 as alleged. 11 other cases were also registered against him for house breaking, theft etc. and his formal arrest in this case was recorded on 16.2.2010. The charge sheet in this case is also laid on 29.3.2010. The co-accused, who is similarly placed is granted bail. Therefore, stringent conditions may be imposed, while granting bail, it is submitted. 6. On hearing both sides, I find that bail can be granted to petitioner since co-accused is already granted bail. Hence, the following order is passed : Petitioner shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with BA NO. 3494/10 3 two solvent sureties each for the like sum to the satisfaction of the court concerned, on the following conditions : (i) Petitioner shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. (ii) Petitioner shall not leave the limits of the police station, within which crime is registered, except with prior permission of the learned Magistrate. (iii) In case the petitioner is involved in any offence of similar nature, his bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE. tgs