IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 3RD AUGUST 2010 / 12TH SRAVANA 1932 Bail Appl..No. 3629 of 2010() ----------------------------- CRIME NO.33/2010 OF KURUPPUMPADY POLICE STATION MP.1756/2010 of J.M.F.C.,PERUMBAVOOR .................... PETITIONER/ACCUSED -------------------------------------- ISMAIL, S/O. ALIYAR, NELLICKAKKUDY VEEDU, KUNJATTUKARA BHAGAM, (PUKKATTUPADY), EDATHALA KARA, EDATHALA VILLAGE. BY ADV. SRI.S.RAJEEV RESPONDENT(S): COMPLAINANT ------------------------------------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.33/2010 OF KURUPPUMPADY POLICE STATION, ERNAKULAM). PUBLIC PROSECUTOR SRI.C.K.SURESH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No.3629 of 2010 ------------------------------- DATED: 03.8.2010 O R D E R In this petition filed under Section 439 Cr.P.C, the petitioner, who is the 5th accused in Crime No.33/2010 of Kuruppampady Police Station registered for offences punishable under Secs.457 and 380 read with 34 IPC (subsequently Sections 3 and 32 of the Unlawful Activities (Prevention) Act, 1967 were incorporated) and who was arrested on 29.4.2010, seeks his enlargement on bail. 2. The petitioner completed 90 days detention in judicial custody as on 29.7.2010. The judicial custody of the petitioner could be extended beyond 90 days and up to a further period of 180 days under the proviso to Sub-section 2 of Section 43D of the Unlawful Activities (Prevention) Act, 1967 provided the learned Public Prosecutor in charge of the case was able to submit a report within the period of 90 days indicating the progress of investigation and giving specific reasons for the continued detention of the accused beyond the period of 90 B.A.No.3629/2010 -:2:- days. No such report was filed within the said period of 90 days. If so, as on 29.7.2010 the petitioner had become eligible for the indefeasible right of default bail within the meaning of Section 167 Cr.P.C. 3. Accordingly, the petitioner is directed to be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M, Perumbavoor and subject to the following conditions:- 1. Petitioner shall report before the Circle Inspector of Police Kuruppampady Police Station between 9 a.m. and 11 a.m. on all Wednesdays and Mondays until further orders. 2. Petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 3. The petitioner shall not go outside the state of Kerala without prior written permission of the Magistrate concerned. 4. The petitioner shall surrender his passport, if any, before the Magistrate or file an affidavit before the Magistrate in case he is not the holder of any passport. B.A.No.3629/2010 -:3:- 4. 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