IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 Bail Appl..No. 4289 of 2008() -------------------------------------- CMP.2381/2008 of J.M.F.C.-IV,KOZHIKODE CRIME NO.150/2008 OF NADAKKAVU POLICE STATION, KOZHIKODE .................... PETITIONER ------------------- PRAJITHA.P.M., D/O.MANUKKUTAN, 25/08, EZHUTHUPPALLI HOUSE, KESAVAPURI, PUTHUKODE, MALAPPURAM. BY ADV. SMT.T.V.NEEMA SMT.S.SHEEJA KUMARY(AYOOR) RESPONDENT: ----------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No.4289 of 2008 ------------------------------- Dated this the 8th day of July 2008 O R D E R Petitioner, who is the 4th accused in Crime No.150/2008 of Nadakkavu Police Station, Kozhikode for an offence punishable under Sec.395 IPC, seeks his enlargement on bail. 2. The learned Public Prosecutor, on instructions, submitted that no final report has been filed even after 60 days of judicial custody of the petitioner. If so, by virtue of the proviso to sec.167(2) Cr.P.C. the petitioner is entitled to be released on bail as of right. 3. Accordingly, the petitioner is directed to be released on bail on his executing a bond for Rs. 20,000/- (Rupees twenty thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M.-IV, Kozhikode and subject to the following conditions:- 1. The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. Bail A.No.4289/2008 -:2:- 2. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 3. The petitioner shall make himself available for interrogation, including custodial interrogation as and when required by the investigating officer. 4. The petitioner shall not commit any offence while on bail. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above. Dated this the 8th day of July 2008 V.RAMKUMAR, JUDGE css/