IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 15TH NOVEMBER 2010 / 24TH KARTHIKA 1932 Bail Appl..No. 7236 of 2010() ---------------------------------------- CRIME NO.495/2010 OF VARAPUZHA POLICE STATION. ........ APPLICANT/ACCUSED ------------------------------------- PRASAD, AGED 26 YEARS, S/O. BABU, VADYARPARAMBIL VEEDU, DEVASWOMPADAM KARA, VARAPUZHA VILLAGE. BY ADV. SRI.PRASUN.S RESPONDENT(S): COMPLAINANT-STATE --------------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING S.I. OF POLICE, VARAPUZHA POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No.7236 of 2010 ------------------------------- DATED: 15.11.2010 O R D E R Petitioner, who is the accused in Crime No.495 of 2010 of Varapuzha Police Station, for an offence punishable under Sec.376 IPC, seeks his enlargement on bail. 2. The learned Public Prosecutor on instructions submitted that no final report has been filed even after 60 days of judicial custody of the petitioner. If so, by virtue of the proviso to sec.167 (2) Cr.P.C. the petitioner is entitled to be released on bail as of right. 3. Accordingly, the petitioner is directed to be released on bail on his executing a bond for `15,000/- (Rupees fifteen thousand only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate concerned and subject to the following conditions:- 1. Petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. Bail A.No.7236 of 2010 -:2:- 2. The petitioner shall not enter the limits of the Varapuzha Police Station except to comply with condition No.1. 3. Petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. The petitioner shall make himself available for interrogation as and when required by the investigating officer. 5. Petitioner shall not commit any offence while on bail. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above. V.RAMKUMAR, JUDGE sj