IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 Bail Appl..No. 7085 of 2009() ----------------------------- CRIME NO.421/2009 OF VANCHIYOOR POLICE STATION .................... PETITIONER/1ST ACCUSED ------------------------------------------ ABHILASH BABU S/O. BABU, TC.11/2007, CSM NAGAR, ALTHARA, VELLAYMBALAM, THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. SUB INSPECTOR OF POLICE, VANCHIYOOR POLICE STATION. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7085 of 2009 --------------------------------------------- Dated this the 3rd day of December, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.421 of 2009 of Vanchiyoor Police Station. 2. The offences alleged against the petitioner are under Sections 120B and 395 of the Indian Penal Code. 3. The petitioner was arrested on 3.9.2009. It is submitted by the learned counsel for the petitioner that charge was not laid within 90 days and therefore, the petitioner is entitled to default bail under Section 167(2) of the Code of Criminal Procedure. The learned Public Prosecutor has not received instructions as to whether charge was laid. The learned counsel for the petitioner submitted that this Bail Application may be closed with liberty to the petitioner to move the learned Magistrate for default bail under Section 167(2) of the Code of Criminal Procedure. The Bail Application is accordingly closed with liberty to BA No.7085/2009 2 the petitioner to move the learned Magistrate for default bail under Section 167(2) of the Code of Criminal Procedure. If such an application is filed, the learned Magistrate shall consider and dispose of the same, as expeditiously as possible and at any rate within three days. K.T.SANKARAN, JUDGE csl Hand over copy today itself.