FAISAL Vs. STATE OF KERALA

JUDGEMENT

(1.) Heard the learned Counsel for the petitioner as well as the learned Public Prosecutor.

(2.) As per Annexure Al order dated 28.8.2009 passed in C.M.P. No. 6201 of 2009 in Tirur Crime No. 726 of 2009, the petitioner who was arrested on 21.8.2009 under Section 41(1)(d) r/w Section 102 Cr.P.C. for having been found in possession of a motorcycle suspected to be stolen, was granted bail by the Judicial First Class Magistrate, Tirur. As a matter of fact, except mentioning Sections 41(1)(d) and 102 Cr.P.C., no penal offence was incorporated in the report filed by the Sub Inspector of Police, Tirur either when the petitioner was produced before the Magistrate or thereafter and therefore, there was absolutely no justification for keeping custody of the petitioner beyond 24 hours. Instead, what was done was that he was remanded to judicial custody in flagrant violation of the decision of this Court in Manikandan v. S.I. of Police, 2008 1 KerLT 37.

(3.) It is true that the petitioner was arrested by the Sub Inspector of Police, Tirur under the suspicion that the motorcycle which he was riding, was stolen. But subsequently, the police could not find out any offence against the petitioner which justifies the non-incorporation of any penal offence in the report filed by the police. According to the petitioner he was riding the motorcycle as permitted by his nephew Abdul Hameed to whom the two wheeler was hypothecated by the owner one Afsal in a money transaction. The learned Magistrate appears to have overlooked the principles laid down in the aforesaid rulings. The learned Magistrate was in error in remanding the petitioner to judicial custody. The petitioner shall therefore, be deemed to have been released on his own personal bond and the matter should end here in the absence of any additional report in this case. The title deeds produced by the sureties shall be returned to them without any further liability either to the sureties or to the petitioner.