IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 Bail Appl..No. 5587 of 2011() ----------------------------- CRIME NO.128/2011 OF SREEKANDAPURAM POLICE STATION KANNUR DISTRICT PETITIONER/ACCUSED ---------------------- BIJU KALLA, AGED 32 YEARS, S/O.CHAMAN, NADUVIL DESOM, OTTATHOTTI, NOW RESIDING AT A RENTED HOUSE AT CHENGALAI DESOM. BY ADV. SRI.P.B.ASOKAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY SHO OF SREEKANDAPURAM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5587 of 2011 ---------------------------------------------- Dated this the 25th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.128 of 2011 of Sreekandapuram Police Station, Kannur District. 2. The offence alleged against the petitioner is under Section 302 of the Indian Penal Code. 3. The date of occurrence was on 21/04/2011. The petitioner was arrested on 25/04/2011. The victim is the wife of the petitioner. 4. It is submitted that no charge was laid within 90 days of the arrest and therefore the petitioner is entitled to get default bail under the proviso to Section 167 (2) of the Code of Criminal Procedure. The learned Public Prosecutor submitted that the charge sheet was not laid within 90 days of the date of arrest. 5. Taking into account the facts and circumstances of the case, the petitioner is entitled to get default bail. Bail Appln.No.5587/2011 : 2 : 6. Accordingly, the petitioner shall be released on bail on his executing bond for `25,000/-(Rupees Twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Taliparamba, subject to the following conditions: A) The petitioner shall not enter into the Sreekandapuram Police Station limits for a period of two months except for the purpose of complying with Conditions 'B' and 'C'. B) 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; C) The petitioner shall appear before the investigating officer for interrogation as and when required; D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. Bail Appln.No.5587/2011 : 3 : F) 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 skj