IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN SATURDAY, THE 20TH AUGUST 2011 / 29TH SRAVANA 1933 Bail Appl..No. 6007 of 2011() ----------------------------- CRIME NO.100/CR/EOW-1/KLM/2011 OF CBCID, KOLLAM PETITIONER/6TH ACCUSED ------------------------------------------ SANTHOSH NAIR, S/O.P.G.MANIKANTAN NAIR, AGED 43, SREEPADAM, MANAYILKULANGARA, KOLLAM. BY ADV. SRI.S.SREEKUMAR SRI.P.MARTIN JOSE SRI.M.A.MOHAMMED SIRAJ SRI.P.PRIJITH RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.V.TEKCHAND SRI.P.CHANDRASEKHARA PILLAI,SC,CBI THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.6007 OF 2011 --------------------------------- Dated this the 20th day of August, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.6 in Crime No.100/CR/EOW-1/KLM/2011 of CBCID, Kollam. 2.The offences alleged against the petitioner are under Sections 143, 147, 148, 324, 326 and 307 read with 149 of the Indian Penal Code. 3. Bail Application No.5396 of 2011 filed by the petitioner was dismissed by the order dated 15th July, 2011. 4. The petitioner was arrested on 21.5.2011. However, charge sheet was not filed within 90 days. The 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 B.A.No.6007 OF 2011 2 Prosecutor submitted that charge sheet was not filed within 90 days. 5.Taking into account the facts and circumstances of the case and also the fact that the charge sheet was not filed within the time provided under Section 167 of the Code of Criminal Procedure, the petitioner is entitled to default bail. 6.The petitioner shall be released on bail on his executing bond for `50,000/-(Rupees Fifty thousand only) 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. 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 B.A.No.6007 OF 2011 3 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; 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 cms