IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7271 of 2008()
1. RAFEEQ, AGED 28 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.RAJIT
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :01/12/2008
O R D E R
K.HEMA, J.
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B.A.No. 7271 of 2008
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Dated this the 1st December, 2008
O R D E R
This petition is for bail.
2. The alleged offence is under Section 381 of the Indian
Penal Code. According to prosecution, on the allegation that
petitioner was found under suspicious circumstances with 164.35
grams of gold, he was arrested at Cherpu and a crime was
registered under Sections 41(1)(d) and 102 of the Code of Criminal
Procedure. On the basis of a confession statement made by
petitioner that the place of incident is within the limit of
Vadanappally police station, the case was transferred to the said
police station and a crime was registered under Section 381 IPC.
3. Learned counsel for petitioner submitted that petitioner is
working in a jewellery, for the past 12 years. Some difference of
opinion arose between the shop owner and petitioner for wages,
recently. When petitioner wanted to leave the employment, owner
was not prepared to allow him to leave, since he will not be in a
position to run the shop without the aid of petitioner. The owner
used to send petitioner to Cherpu with old gold ornaments to get
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them melted, for the purpose of use in the shop. On 5.11.2008 also
he was sent with certain gold ornaments. The gold which was in
possession was not stolen article. But on the date of incident, owner
of the shop cheated de facto complainant by giving information to
the police and got him arrested, it is submitted.
4. Even according to the allegations made by de facto
complainant, petitioner was stealing small pieces of gold day-by-day
for the past two years and with these gold pieces, he had gone to
Cherpu and got them melted into gold ingot. It is submitted that the
allegations are highly improbable and petitioner is innocent.
Petitioner is in custody from 5.11.2008. Article is also recovered
and hence, he may be granted bail, it is submitted.
On hearing both sides, I find that bail can be granted to
petitioner. Hence, the following order is passed:
Petitioner shall be released on bail on his
executing a bond for Rs.25,000/- with two solvent
sureties each for the like sum to the satisfaction of the
Magistrate Court concerned on the following
conditions:
i) Petitioner shall report before the
investigating officer as and when
directed.
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ii) Petitioner shall not influence or
intimidate any witness or tamper with
evidence or commit any witness while
on bail and in case of breach of this
condition, bail is liable to be
cancelled.
Petition is allowed.
K.HEMA, JUDGE
vgs.