IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 Bail Appl..No. 6225 of 2011 CRIME NO.100/CR/EOW1/KLM/2011 OF CBCID, EOW1, KOLLAM APPLICANT/ACCUSED NO.5 ------------------------------------------ SANTHOSH, AGED 56 YEARS, S/O.ANANDAN, SANTHOSH BHAVANAM, MANGALAM NAGAR 138, MANGAD CHERRI, MANGAD VILLAGE, KOLLAM. BY SENIOR ADVOCATE SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN SRI.VIPIN NARAYAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE SUPERINTENDENT OF POLICE, CBCID, EOWI, KOLLAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6225 OF 2011 ------------------------------------------------------ Dated this the 16th day of August, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.5 in Crime No.100/CR/EOW-1/KLM/2011 of CBCID, EOW1, Kollam. 2. The offences alleged against the accused are under Sections 120B, 201, 324, 326 and 307 read with Section 34 of the Indian Penal Code. 3. The petitioner filed B.A.No.5441 of 2011, which was dismissed by the order dated 15.7.2011. 4. The petitioner was arrested on 17.5.2011. Till now charge sheet has not been filed. Learned counsel for the petitioner submitted that the petitioner is entitled to default bail under the proviso to Section 167(2) of the Code of Criminal Procedure. The learned Public Prosecutor submitted that the Government have BAIL APPL. NO.6225 OF 2011 :: 2 :: issued orders entrusting the investigation of the case to the Central Bureau of Investigation. That does not arrest the application of the proviso to Section 167(2) of the Code of Criminal Procedure. Accordingly, the petitioner is entitled to get default bail. The petitioner shall be released on bail on his executing bond for Rupees Fifty thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Sasthamcotta, subject to the following conditions: a) The petitioner shall surrender his Passport before the Court of the Judicial Magistrate of the First Class, Sasthamcotta, within two weeks. If the Passport is already seized by the police or if the petitioner does not have a Passport, an affidavit sworn to by the petitioner to that effect shall be filed before the learned Magistrate; b) The petitioner shall not enter into the limits of Sasthamcotta Police Station, for a period of three months, except for complying with conditions (c) and (d); c) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, till the final report is filed or until further orders; d) The petitioner shall appear before the investigating officer for interrogation as and when required; BAIL APPL. NO.6225 OF 2011 :: 3 :: e) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; f) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; g) 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 ahz/