IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 Bail Appl..No. 7975 of 2007() ----------------------------- CRLMC.1277/2007 of D.C. & SESSIONS COURT,KOZHIKODE CRIME NO.229/2007 OF THE NADAKKAVU POLICE STATION .................... : PETITIONER/ACCUSED NO.1 ---------------------------------------- MUHAMMED NISSAR @ NISSAR, S/O ABU, AGED 27 YEARS, ABU NIVAS, CHAKKUMKADAVU, PANNIYANKARA AMSOM DESOM, KOZHIKODE. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, NADAKKAVU POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.7975 of 2007 ---------------------------------------- Dated this the 7th day of January 2008 O R D E R Application for regular bail. The petitioner faces allegations in a crime registered under Section 392 I.P.C. The petitioner was arrested in this crime on 2/8/2007. Investigation is not complete. The petitioner remains in custody from 2/8/2007. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that regular bail can be granted to the petitioner subject to appropriate conditions. The final report having not been filed within a period of three months from the date of first remand, I agree with the learned counsel for the petitioner, as conceded by the learned Public Prosecutor that the petitioner has now an indefeasible right to be released on bail in this crime. He is continuing in custody in other crimes, it is reported. 3. In the result, this petition is allowed. The petitioner shall be released on bail on the following terms and conditions: i) He shall execute a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. B.A.No.7975/07 2 ii) The petitioner shall make himself available for interrogation before the investigating officer between 10 a.m and 12 noon on all Mondays and Fridays, for a period of two months from the date of his release and thereafter as and when directed by the investigating officer in writing to do so. (R.BASANT, JUDGE) jsr B.A.No.7975/07 3 B.A.No.7975/07 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007