IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 Bail Appl..No. 6709 of 2011() ----------------------------- CRIME NO.313/2011 OF KASABA POLICE STATION, KOZHIKODE .................... PETITIONER (S): ACCUSED NO.2 -------------------------------- SAKKARIA, S/O. MUHAMMED, AGED 29 YEARS, MANGALASSERY HOUSE, ARAKKINAR.P.O, KOZHIKODE. BY ADV. SRI.SANTHARAM.P SMT.REKHA ARAVIND RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.6709 of 2011 --------------------------- Dated this the 25th day of August, 2011 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.2 in Crime No.313 of 2011 of Kasaba Police Station, Kozhikode District. 2. The offences alleged against the petitioner are under Sections 365, 376(g) and 506(i) read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 4.5.2011. The petitioner was arrested on 5.5.2011 and he was remanded to judicial custody. 4. It is submitted that final report is not filed in the case within the time stipulated under Section 167 of the Code of Criminal Procedure. Therefore, the petitioner is entitled to BA 6709/2011 2 default bail under 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, the nature of the offence and the present stage of investigation, 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 ` 25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class -III, Kozhikode, subject to the following conditions: A) The petitioner shall surrender his passport before the Judicial Magistrate of the First Class -III, Kozhikode. If the petitioner does not have a passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate ; B) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays for a period of two months and thereafter on all Mondays, till the final report is filed or until further orders; BA 6709/2011 3 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; 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 csl