IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 Bail Appl..No. 2696 of 2009() ------------------------------------- CRMP.816/2009 of DISTRICT COURT, KASARAGOD CMP.278/2009 of J.M.F.C.-II,HOSDRUG CRIME NO.124/2009 OF BEKAL POLICE STATION. .................... PETITIONER/ACCUSED: ---------------------------------- A.M. MOHAMMED, S/O.ABDULLA, OLATHIRI HOUSE, ANANGOOR, KASARGOD. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT/COMPLAINANT: ------------------------------------------------- STATE OF KERALA, REP. BY STATION HOUSE OFFICER, BEKAL POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2696 of 2009 ------------------------------------ Dated this the 2nd day of June, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal procedure. The petitioner is the first accused in Crime No.124/2009 of Bekal Police Station. 2. The offence alleged against the petitioner is under Sections 380, 457 and 461of the Indian Penal Code. 3. The learned counsel for the petitioner submitted that the petitioner was arrested on 12/03/2009 and till now the charge is not laid. It is submitted that the petitioner is entitled to the benefit of Section 167(2) of the Code of Criminal Procedure and he is entitled to be released on bail. 4. The petitioner may move the learned Magistrate and the learned Magistrate shall consider this question within a period of four days. The Bail Application is disposed of accordingly. Communicate a copy of this order to the Judicial Magistrate of the First Class-II, Hosdrug. K.T. SANKARAN, JUDGE scm