IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 Bail Appl..No. 6535 of 2011() ----------------------------- CRIME NO.179/2011 OF SREEKANDAPURAM POLICE STATION KANNUR DISTRICT. PETITIONERS/ACCUSED NO.2 & 3 ----------------------------- 1. JOY VELIYIL PUTHENPURAYIL, S/O.RAJAN JOSEPH,AGED 39 YEARS,NEDUMUNDA, CHUZHALI AMSOM,TALIPARAMBA TALUK,KANNUR DISTRICT. 2. MAHESH, S/O.MOHANAN, AGED 22 YEARS, KUNDOOLATTU HOUSE,NEDUMUNDA,CHUZHALI AMSOM, TALIPARAMBA TALUK,KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI SRI.J.ABHILASH RESPONDENT: COMPLAINANT -------------------------- STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,THROUGH S.H.O,SREEKANDAPURAM POLICE STATION,KANNUR DISTRICT. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6535 of 2011 ---------------------------------------------- Dated this the 29th day of August, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.2 and 3 in Crime No.179 of 2011 of Sreekandapuram Police Station, Kannur District. 2. The offences alleged against the petitioners are under Sections 450 and 376 of the Indian Penal Code and Sections 3(1)(xi) and 3(2)(v) of the Scheduled Caste and Schedule Tribes (Prevention of Atrocities) Act. 3. The petitioners were arrested on 29/05/2011. It is submitted that within 90 days of their arrest, the final report was not filed. The learned Public Prosecutor submitted that final report has not been filed so far. In these circumstances, the petitioners are entitled to default bail under the proviso to Section 167(2) of Code of Criminal Procedure. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the Bail Appln.No.6535/2011 : 2 : petitioners, the nature of the offences and the present stage of investigation, I am of the view that bail can be granted to the petitioners. 5. The petitioners shall be released on bail on their executing bond for `25,000/-(Rupees Twenty five thousand only) each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Thaliparamba, subject to the following conditions: A) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders; B) The petitioners shall appear before the investigating officer for interrogation as and when required; C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. Bail Appln.No.6535/2011 : 3 : E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE skj