IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 Bail Appl..No. 7622 of 2009() ----------------------------- CRIME NO.263/07 OF TOWN POLICE STATION, KOZHIKODE .................... PETITIONER/ACCUSED : ---------------------------------- RENJITH @ KAKKA RENJITH, AGED 30 YEARS, S/O.GOPALAKRISHNAN, MANGALODIYIL HOUSE, NEAR GURUVAYURAPPAN COLLEGE, OLAVANNA, POKKUNNU. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------------- B.A.No.7622 of 2009 ----------------------------------------- Dated this the 4th day of January, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.263 of 2007 of Kozhikode Town Police Station, Kozhikode. 2. The offences alleged against the petitioner are under Sections 408, 420, 182 and 120B read with Section 34 of the Indian Penal Code. 3. The first accused is an employee in a petrol bunk. He was entrusted with a sum of Rs.21,13,000/- for depositing the same in the State Bank of India. He laid the First Information Statement before the police stating that while he was in the compound of the State Bank of India, some persons came there and snatched away the money. The crime was accordingly registered. On investigation, it was found that the first accused had entrusted the amount to the third accused as a result of the conspiracy hatched by all the accused. Investigation revealed that the story put forward by the first accused was false and no BA No.7622/2009 2 such incident as alleged by him happened. The petitioner (second accused) surrendered on 15.10.2009 before the court of the Judicial Magistrate of the First Class-V, Kozhikode in connection with Crime No.320 of 2007 of Nallalam Police Station. His formal arrest was recorded in the present case thereafter. 4. It is submitted by the learned counsel for the petitioner that charge sheet was not filed in the case within sixty days as provided Section 167(2) of the Code of Criminal Procedure and therefore, the petitioner is entitled to default bail. 5. The learned Public Prosecutor submitted that charge sheet was not filed within sixty days. It is submitted that the petitioner is involved in several other cases. 6. 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 sheet is not filed within the time provided under Section 167(2) of the Code of Criminal Procedure, I am inclined to grant bail to the petitioner on stringent conditions. BA No.7622/2009 3 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-I, Kozhikode, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday and Thursday, 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; 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 respect of any other case. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE csl