IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 Bail Appl..No. 1734 of 2008() ----------------------------- CMP.797/2008 of J.M.F.C., MANNARKAD CRIME NO.111/08 OF MANNARKKAD POLICE STATION .................... PETITIONERS/ACCUSED NOS 1 TO 3 ----------------------------------------------- 1. MUHAMMEDALI, S/O.ABDU, AGED 36 YEARS, MANNIL HOUSE, PUNNAKKAD VILLAGE, KARUVARAKKUNDU DESOM, MANNARKKAD TALUK, PALAKKAD. 2. YAKOOB, S/O.AHAMMEDKUTTY, AGED 28 YEARS, POOVIL HOUSE, PUNNAKKAD VILLAGE, KARUVARAKKUNDU DESOM, MANNARKKAD TALUK, PALAKKAD. 3. ASSAINAR, S/O.MUHAMMED, AGED 62 YEARS, MULAYANKAYI HOUSE, GOODALLUR VILLAGE, KOZHIPALAM, MANNARKKAD TALUK, PALAKKAD. BY ADV. SRI.V.A.AJAI KUMAR RESPONDENTS: COMPLAINANT ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, MANNARKKAD POLICE STATION, MANNARKKAD. BY PUBLIC PROSECUTOR SRI.S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1734 OF 2008 ------------------------------------------------- Dated this the 25th day of March, 2008 ORDER Application for regular bail. The petitioners are accused 1 to 3. They face allegations in a crime registered under Sec.392 read with Sec.34 of the IPC. The accused persons belong to Mannarkkad. The de facto complainant belongs to Adimali. They had a common friend – an Imam of a Mosque at Adimali. Through him they knew each other. They evidently wanted to start some business the details of which are not revealed in the First Information Statement. The de facto complainant allegedly sold the gold ornaments of his wife, raised an amount of Rs.1.5 lakhs and allegedly went from Adimali to Mannarkkad to meet the 1st accused. All the three accused were present there. The 1st accused handed over some article in a cover to the de facto complainant and wanted him to examine the same. While they were walking towards the house of the accused, all on a sudden the amount of Rs.1.5 B.A. No. 1734 OF 2008 -: 2 :- lakhs which the de facto complainant had in his possession was forcibly taken away and all the miscreants ran away from the scene of the crime. The de facto complainant lodged a complaint on the next day. Investigation is in progress. The incident took place on 18/2/08. The petitioners were arrested on 6/3/08. They were produced before the learned Magistrate. They were given over to the custody of the police again. No recovery whatsoever has taken place. The petitioners continue in custody from 6/3/08. Investigation is not complete. Final report has not been filed so far. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. The de facto complainant has not revealed the whole truth before the police. He is cooking up false stories of alleged forcible removal of cash which was allegedly in his possession. Even going by his version, he had received some article from the accused with a direction to him to examine the same. The First Information Statement does not reveal whether he had examined the article, what the article was and why it was found to be inadequate, if it were inadequate. There is great suspicion and mystery around the case of the de facto complainant. At any rate, the petitioners may not be compelled to continue to be in custody any longer. B.A. No. 1734 OF 2008 -: 3 :- 3. The learned Public Prosecutor does not oppose the application. I am satisfied, on anxious consideration of all the relevant inputs, that the petitioners can now be enlarged on bail subject to appropriate conditions which shall ensure the interests of a proper investigation. 4. In the result: (a) The application is allowed. (b) The petitioners shall be released on bail on the following terms and conditions: (i) The petitioners shall execute bonds for Rs.50,000/- each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (ii) The petitioners shall make themselves available for interrogation before the Investigating Officer on all Mondays between 10 a.m. and 12 noon for a period of two months and thereafter as and when directed by the Investigating Officer in writing to do so. (R. BASANT, JUDGE) Nan/ B.A. No. 1734 OF 2008 -: 4 :-