IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 Bail Appl..No. 3803 of 2009 CRIME NO.1 OF 1997 OF NILAMBUR POLICE STATION PETITIONER/ACCUSED NO.1 ------------------------------------------- ALAVIKUTTY, S/O.MOIDEEN, KADOORAN HOUSE, POOKKOTTUMPADAM, AMARAMBALAM, MALAPPURAM DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, NILAMBUR POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3803 OF 2009 ------------------------------------------------------ Dated this the 7th August, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.1 of 1997 of Nilambur Police Station. 2. The offences alleged against the petitioner and the other accused are under Sections 420 and 211 read with Section 34 of the Indian Penal Code. 3. In the year 1997, the petitioner filed a petition before the police stating that his Tata Estate car was stolen by somebody. Crime No.1 of 1997 was registered by the Nilambur Police. It would appear that the vehicle was traced out in Tamil Nadu. The person in possession of the vehicle stated that the vehicle was sold to him by accused Nos.2 to 6. Further, investigation revealed, according to the prosection, that the vehicle was entrusted by the first accused to accused Nos.2 to 6 for the purpose of sale and that the petition was filed before police as if the vehicle was stolen, in order to cheat the hire purchase financier. B.A. NO. 3803 OF 2009 :: 2 :: 4. Learned counsel for the petitioner submitted that the hire purchase financier has not made any complaint and that they have no grievance in the matter. The crime was registered in the year 1997. It is submitted by the learned Public Prosecutor that the investigation is almost over and what is left is that the petitioner has to be questioned. Learned counsel for the petitioner submitted that the petitioner is ready to co-operate with the police for the purpose of questioning. 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that 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 Rs.25,000/- 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.A. NO. 3803 OF 2009 :: 3 :: 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. It is submitted that, at present, the petitioner is employed abroad and he will be coming to India within one month. Immediately on reaching India, the petitioner will appear before the investigating officer for the purpose of questioning. (K.T.SANKARAN) Judge ahz/