IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 8TH JULY 2011 / 17TH ASHADHA 1933 Bail Appl..No. 5071 of 2011() ----------------------------- CRIME NO.346/2011 OF PARAVOOR POLICE STATION .................... PETITIONER/5TH ACCUSED ------------------------------------------ JOSHY JOSEPH @ ACHAYAN, S/O. JOSEPH, PUTHENVEETTIL (H), CHEMPUKADAVU KARA, KODAMCHERRY VILLAGE, KOZHIKODE DISTRICT. BY ADV. SRI.P.A.MUJEEB RESPONDENT(S): COMPLAINANT ------------------------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.JAYASURYA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5071 of 2011 --------------------------- Dated this the 8th day of July, 2011 O R D E R The learned counsel for the petitioner submitted that the petitioner was arrested on 7.4.2011. Ninety Six days elapsed. The counsel submitted that no charge sheet was filed in the case and therefore, the petitioner is entitled to default bail under the proviso to Section 167(2) Crl.P.C. The petitioner would be entitled to approach the Magistrate's Court and make appropriate application for the same. In these circumstances, the learned counsel for the petitioner sought permission to withdraw the Bail Application. Accordingly, the Bail application is dismissed as withdrawn with the above observations. K.T.SANKARAN JUDGE csl