IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 Bail Appl..No. 1194 of 2008() ----------------------------- CRIME 571/07 OF KAYAMKULAM POLICE STATION PETITIONER/ ACCUSED NO.1: ------------------------------ LIJI UMMEN, S/O.K.THOMAS, EBANEZAR PUTHENVEEDU, PONAKAM MURI, THEKKEKARA VILLAGE, MAVALIKARA. BY ADV. SRI.AJITH MURALI RESPONDENTS: COMPLAINANT; ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1194 OF 2008 ```````````````````````````````````````````````````` Dated this the 22nd day of February, 2008 O R D E R Second application for regular bail. Petitioner is the 1st accused. He faces allegations in a crime registered under sections 120B and 302 IPC. The petitioner was arrested on 19.11.07. The period of 90 days after the first remand has already expired. Final report has not been filed. The earlier application for regular bail filed by the petitioner was dismissed by this Court as per order dated 6.2.08 in BA.686/08. I have already adverted to the facts in detail in the said order. This order must be read in continuation of the said order and I am not, hence, adverting to the facts in any greater detail in this order. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer - the period of 90 days from the date of first remand having BA.1194/08 : 2 : already expired and the final report having not been filed and the petitioner being entitled for bail by default under the proviso to section 167(2) Cr.P.C., and I am satisfied that regular bail can be granted to the petitioner 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 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. ii) The petitioner shall make himself available for interrogation before the investigating officer between 10 a.m and 12 noon on all Mondays, Wednesdays and Fridays, for a period of three months and thereafter as and when directed by the investigating officer in writing to do so. iii) The petitioner shall not, during the said period of BA.1194/08 : 3 : three months, leave the limits of the Kayamkulam police station without the prior permission of the learned Magistrate. (R.BASANT, JUDGE) aks