IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 Bail Appl..No. 100 of 2010 CRIME NO.1679 OF 2009 OF KOTTARAKARA POLICE STATION, KOLLAM PETITIONER: ACCUSED NO.1: ------------------------------ JAYAN, S/O.SANKU, PATTASSERI VEEDU CHERUMANGADU MURI, PUTHOOR VILLAGE, KOTTARAKKARA. BY ADV. SRI.ALEXANDER GEORGE RESPONDENTS: COMPLAINANT: --------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR ,HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE KOTTARAKARA POLICE STATION, KOLLAM DISTRICT. PUBLIC PROSECUTOR SRI.AMJAD ALI THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 100 OF 2010 ------------------------------------------------------ Dated this the 15th day of January, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.1679 of 2009 of Kottarakara Police Station. 2. The offences alleged against the petitioner are under Sections 449, 302 and 201 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 16.10.2009. The petitioner was arrested on 17.10.2009 and he is in judicial custody. 4. The learned counsel for the petitioner submitted that charge sheet is not filed within ninety days of the date of arrest of the petitioner and, therefore, the petitioner is entitled to default bail under proviso (a) to Section 167(2) of the Code of Criminal Procedure. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, B.A. NO. 100 OF 2010 :: 2 :: the nature of the offence, the present stage of investigation and also the fact that charge sheet is not filed within ninety days of the date of arrest of the petitioner, I am of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – I, Kottarakara, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. (K.T.SANKARAN) Judge ahz/