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. 6127 of 2011 CRIME NO.100/CR/EOW1/KLM/2011 OF CBCID, EOW1, KOLLAM CRIME NO.441 OF 2011 OF SASTHAMCOTTAH POLICE STATION PETITIONERS/ACCUSED NO.2 & 4 ------------------------------------------------ 1. MAHESH @ PUNCHIRI MAHESH, AGED 32 YEARS, S/O.SUDHAKARAN, PALLIPADINJATTETHIL, KTM NAGAR-25, KOICKAL MURI, KILIKKALLOOR VILLAGE, KOLLAM. 2. SHAFEEK, AGED 22, S/O.SHERAFUDEEN, ATTUCHIRAYIL VEEDU, SREEBHADRA NAGAR, KOLLAM EAST VILLAGE. BY ADV. SRI.H.HARIKUMAR (KOLLAM) SRI.SAJJU.S RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND SRI.P.CHANDRASEKHARA PILLAI,SC,CBI 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. 6127 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 petitioners are accused Nos.2 and 4 in Crime No.100/CR/EOW-1/KLM/2011 of CBCID, EOW1, Kollam. 2. The offences alleged against the petitioners are under Sections 120B, 201, 324, 326 and 307 read with Section 34 of the Indian Penal Code. 3. The petitioners filed B.A.No.5143 of 2011, which was dismissed by the order dated 15.7.2011. 4. The petitioners were arrested on 13.5.2011. Till now charge sheet has not been filed. Learned counsel for the petitioners submitted that the petitioners are entitled to default bail under the proviso to Section 167(2) of the Code of Criminal Procedure. The learned Public Prosecutor submitted that the BAIL APPL. NO.6127 OF 2011 :: 2 :: Government have 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 petitioners are entitled to get default bail. The petitioners shall be released on bail on their executing bond for Rupees Fifty thousand each 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 petitioners shall surrender their Passports before the Court of the Judicial Magistrate of the First Class, Sasthamcotta, within two weeks. If the Passports are already seized by the police or if the petitioners do not have any Passport, an affidavit sworn to by them to that effect shall be filed before the learned Magistrate; b) The petitioners 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 petitioners 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 petitioners shall appear before the investigating officer for interrogation as and when required; BAIL APPL. NO.6127 OF 2011 :: 3 :: e) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; f) The petitioners 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/