IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3803 of 2009()
1. ALAVIKUTTY, S/O.MOIDEEN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.SUNNY MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :07/08/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 3803 OF 2009
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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.
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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
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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/