IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 Bail Appl..No. 1441 of 2008() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.308/2008 CMP.3123/2007 of J.M.F.C.,PARAPPANANGADI CRIME 102/02 OF TIRURANGADI POLICE STATION .................... APPLICANT/6TH ACCUSED -------------------------------------- SREEDHARAN @ KODALY SREEDHARAN, S/O.KRISHNAN, PANIKKARUVALAPPIL HOUSE, KIZHAKKEKODALYIL, MATTATHUR, THRISSUR. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1441 OF 2008 A ```````````````````````````````````````````````````` Dated this the 7th day of March, 2008 O R D E R Application for regular bail. Petitioner faces allegations under section 394 IPC. The alleged incident took place on 25.2.07. The petitioner was arrested on 22.7.07. He was involved in several crimes. His formal arrest in this case was recorded only on 10.12.07. Investigation is in progress. I have already adverted to the facts in detail while rejecting the earlier applications for regular bail filed by the petitioner as per order dated 23.1.08 in BA.308/08 and dated 14.2.08 in BA.872/08. The petitioner continues in custody in this case from 10.12.07. As I have adverted to the facts in detail in the earlier orders, I am not proceeding to advert to them again in this order. This order must be read in continuation of the said orders. 2. Investigation is not complete. There is no prospect BA.1441/08 : 2 : of the final report being filed within 90 days of 10.12.07, submits the learned Public Prosecutor. The learned Public Prosecutor submits that regular bail can be granted to the petitioner with effect from 10.3.08. I am satisfied, in the facts and circumstances of the case, that the petitioner is entitled for bail by default under the proviso to section 167 Cr.P.C. The petitioner can be granted regular bail subject to appropriate conditions. 3. In the result, this petition is allowed. The petitioner shall be released on bail on the following terms and conditions: i) The petitioner shall not be released on bail on the strength of this order prior to 10.3.08. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. ii) He shall execute a bond for Rs.2,00,000/- (Rupees two lakhs only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. BA.1441/08 : 3 : iii) The petitioner shall make himself available for interrogation before the investigating officer between 10 a.m and 12 noon on all Thursdays, for a period of three months from the date of his release and thereafter as and when directed by the investigating officer in writing to do so. iv) The petitioner shall furnish to the investigating officer the address of his place of residence within seven days of his release from custody and thereafter he shall keep the investigating officer informed of any further change of such address during the pendency of the case against him. (R.BASANT, JUDGE) aks