IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 Bail Appl..No. 5585 of 2009() ----------------------------- AGAINST THE ORDER IN BA.5007/2009 Dated 08/09/2009 CC.41/2009 of J.M.F.C.,KUNNAMANGALAM CRIME NO.307/CR/KKD/05 OF CBCID, KOZHIKODE .................... PETITIONER : ACCUSED ------------------------------ SANTHOSH KUMAR AGED 26 YEARS, S/O.SIVASANKARA PILLAI, POOVANATHUMVILA VEEDU, ANDOOR MURI, VALAKOM VILLAGE, KOTTARAKKARA. BY ADV. SRI.DINESH MATHEW J.MURICKEN RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE DETECTIVE INSPECTOR, CBCID, ERNAKULAM THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5585 of 2009 --------------------------------------------- Dated this the 1st day of October, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the fifth accused in C.C.No.41 of 2009 on the file of the court of the Judicial Magistrate of the First Class, Kunnamangalam. The case was registered as Crime No.307/CR/KKD/05 of CBCID, Kozhikode. 2. The offences alleged against the petitioner are under Sections 419, 420 and 120B read with Section 34 of the Indian Penal Code. 3. The charge was laid in the case along with the report that the petitioner was absconding. Later, the petitioner was arrested on 18.6.2009 in connection with Crime No.207 of 2006 of Thrikkakara Police Station. His formal arrest was recorded in the present case on 23.7.2009, the petitioner having been produced on production warrant. Further investigation was allowed to be conducted under Section 173(8) of the Code of Criminal Procedure. It is submitted by the learned Public BA No.5585/2009 2 Prosecutor that the investigation is going on. Charge is not laid in the case. Sixty days is over from the date of formal arrest, namely, 23.7.2009. It is submitted by the learned counsel for the petitioner that the petitioner is entitled to default bail under Section 167(2) of the Code of Criminal Procedure. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the fact that charge was not laid within the time permitted under Section 167(2) of the Code of Criminal Procedure, I am of the view that bail can be granted to the petitioner. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kunnamangalam, 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, 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; BA No.5585/2009 3 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 petitioner shall be released from jail only if his detention is not required in any other case. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE csl