IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 Bail Appl..No. 7078 of 2009 CRIME NO.397 OF 2009 OF BALARAMAPURAM POLICE STATION PETITIONER/ACCUSED -A1 & A2 ----------------------------------------------- 1. JAYAPRAKASH @ ANIYANMON, S/O.RAMACHANDRAN,KOTTANGAL VEEDU, KIZHAKKUMURI, NIRANAM VILLAGE, THIRUVALLA TALUK. 2. NOUSHAD @ RATHEESH,KADALADI VEEDU, NEAR MUSLIM KOCHUPALLI, POOVAR DESOM,THIRUPURAM VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.AJITH MURALI RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7078 OF 2009 ------------------------------------------------------ Dated this the 3rd day of December, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.1 and 2 in Crime No.397 of 2009 of Balaramapuram Police Station. 2. The offences alleged against the petitioners are under Sections 457, 461, 380 and 411 read with Section 34 of the Indian Penal Code. 3. It is stated that the petitioners were arrested on 25.9.2009 and 3.10.2009 respectively. Learned counsel for the petitioners submitted that since the final report is not filed within the time provided under Section 167 of the Code of Criminal Procedure, the petitioners are entitled to default bail under Section 167(2) of the Code of Criminal Procedure. Reserving the right of the petitioners to move the learned Magistrate for default bail under Section 167(2) of the Code of B.A. NO. 7078 OF 2009 :: 2 :: Criminal Procedure, this Bail Application is closed. The learned Magistrate shall consider the application on the merits after affording an opportunity of being heard to the learned Assistant Public Prosecutor. (K.T.SANKARAN) Judge ahz/