Farshad vs State Of Kerala

Gopinath P., J

The petitioner is the accused in Crime No.745/2021 of Kasaba Police Station, Kozhikode District alleging commission of offence under Section 394

read with Section 34 of the Indian Penal Code. The petitioner was arrested on 02-10-2021 and was remanded to judicial custody.

The allegation against the petitioner is that while the Sub Inspector of Kasaba Police and others were on patrol duty on 02-10-2021 at about 9.20

hours, the petitioner was found in possession of a motor cycle without any registration number, in a suspicious circumstances. The allegation against

the petitioner is that the bike in question was stolen from Goa in the month of September 2021.

The learned counsel for the petitioner submits that there is no case registered in the State of Goa as against the petitioner regarding the theft of any

motor cycle from there. It is submitted that the petitioner has been in custody merely on the basis of suspicion and he has been in custody for 100

days. It is submitted that at any rate since since a final report has not been filed in the matter, the petitioner is entitled to statutory bail as on date.

I have heard the learned Public Prosecutor also. The learned Public Prosecutor confirms that no final report has been filed in the matter.

Considering the fact that no final report has been filed against the petitioner and as on date the petitioner is entitled to statutory bail, without going

into any other aspect of the matter, I am of the view that the petitioner can be granted bail subject to conditions.

In the result this bail application is allowed. The petitioner shall be released on bail, subject to the following conditions:-

(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the

jurisdictional Court;

(ii) The Petitioner shall report before the Investigating officer in Crime No.745/2021 of Kasaba Police Station, Kozhikode District on every Saturday at 11 a.m until

further orders;

(iii) The petitioner shall not attempt to interfere with the investigation in Crime No.745/2021 of Kasaba Police Station, Kozhikode District;

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.745/2021 of Kasaba Police Station, Kozhikode District may file an

application before the jurisdictional Court for cancellation of bail.