IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929 Bail Appl..No. 1013 of 2008() ----------------------------- CRMP.1887/2008 of J.M.F.C.-III, PUNALUR CRIME NO.90/08 OF PATHANAPURAM POLICE STATION .................... PETITIONER : ACCUSED NO.4 --------------------------- NOUSHAD,AGED 37 YEARS,S/O.ALIYARKUNJU ASNAMANSILIL, CHAMAVILA VEEDU, WARD NO. IV,PUNALUR MUNICIPALITY. BY ADV. SRI.S.RAJEEV RESPONDENTS: ------------- STATE OF KERALA RERPESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM CRIME NO. 90 OF 2008 OF PATHANAPURAM POLICE STATION. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1013 of 2008 ------------------------------------- Dated this the 21st day of February, 2008 ORDER Application for regular bail. Petitioner is accused No.4. The precise allegation against him is that he received a motorcycle, a stolen property in this case, from accused 1 to 3 who had thieved the same from the possession of the defacto complainant. The petitioner allegedly received the same on payment of amount of Rs.5,000/- knowing fully well that it was the stolen article. The petitioner allegedly kept the same in his premises concealed. The defacto complainant came to know of the availability of the vehicle in the premises of the petitioner. The vehicle was detected and seized. The petitioner remains in custody from 08.02.08. 2. According to the learned counsel for the petitioner, the petitioner is absolutely innocent. A person came with the motorcycle. The petitioner is a gulf returnee. He was requested to advance an amount of Rs.5,000/- to enable that person to raise the amount for the treatment of his child. Taking pity on his plight, the amount of Rs.5,000/- was given to that person and the vehicle was kept in his premises as security to ensure the repayment of the amount. The petitioner had no contumacious B.A.No.1013 of 2008 2 knowledge whatsoever. In these circumstances, the petitioner may be enlarged on bail, it is prayed. 3. The learned Public Prosecutor refutes the contentions raised by the petitioner. But submits that the police have no objection against grant of regular bail to the petitioner who has remained in custody from 08.02.08 subject to appropriate conditions which shall ensure the interests of a fair, efficient and expeditious investigation. 4. I am satisfied, in these circumstances, that regular bail can be granted to the petitioner. 5. In the result, this application is allowed. The petitioner shall be released on bail on the following terms and conditions. i) The petitioner shall execute a bond for Rs.75,000/- (Rupees Seventy five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; ii) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of two months and thereafter as and when directed by the Investigating Officer in writing to do so. (R.BASANT, JUDGE) rtr/-