IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 29TH MAY 2009 / 8TH JYAISHTA 1931 Bail Appl..No. 2695 of 2009() ----------------------------- CMP.346/2009 of J.M.F.C.-II,HOSDRUG CRIME NO.43/09 OF BEKAL POLICE STATION PETITIONER/ACCUSED -------------------------------------- A.M.MOHAMMED, S/O. ABDULLA, OLATHIRIL HOUSE, ANANGOOR, KASARGOD. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT(S): STATE -------------------- STATE OF KERALA REP. BY STATION HOUSE OFFICER, MEKAL POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------- B.A.No.2695 of 2009 ----------------------------------------- Dated this the 29th May, 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 accused in Crime No.43/09 of Bekal Police Station. 2. The offences alleged against the petitioner are under Sections 380, 435, 457 and 461 of the Indian Penal Code. 3. The petitioner was arrested on 12.3.2009. Learned Public Prosecutor submits that charge was not laid within the time stipulated in Section 167(2) Cr.P.C. The counsel for the petitioner submits that the petitioner is entitled to get the benefit of Section 167(2) of the Code of Criminal Procedure. The Judicial Magistrate of First Class-II, Hosdurg shall pass appropriate orders, if Section 167(2) Cr.P.C applies in the case, on such conditions, as the court may deem fit. Bail application is disposed of as above. K.T.SANKARAN, JUDGE vgs.