IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 7TH MARCH 2011 / 16TH PHALGUNA 1932 Bail Appl..No. 1552 of 2011() ---------------------------------------- CRIME NO.321/2010 OF THE VENGARA POLICE STATION, MALAPPURAM DISTRICT. ........... PETITIONER/ACCUSED 3. ----------------------------------------- SHIBU POULOSE @ SINGH @ THADEVOOS, AGED 43 YEARS, S/O.POULOSE, OLATTUPURATH HOUSE, THIRUTHIPURAM, PUTHANVELIKKARA, ERNAKULAM. BY ADV. SRI.G.MAHESH KUMAR RESPONDENT(S): RESPONDENT ---------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.1552 of 2011 ----------------------------------------------------- Dated this the 7th day of March, 2011 ORDER Petitioner, who is accused No.3 in Crime No.321 of 2010 of Vengara Police Station, for offences punishable under Sections 399 I.P.C and Under Section 25 of the Arms Act, seeks his enlargement on bail. 2. The learned Public Prosecutor on instructions submitted that no final report has been filed even after 60 days of judicial custody of the petitioner. If so, by virtue of the proviso to Section 167(2) Cr.P.C. the petitioner is entitled to be released on bail as of right. 3. Accordingly, the petitioner is directed to be released on bail on his executing a bond for `1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate concerned and subject to the following conditions:- 1. Petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. Petitioner shall not enter the limits of Vengara Police Station until further orders to be passed Bail Appln.No.1552/2011 : 2 : by the Magistrate concerned except for the purpose of complying with condition No.1. 3. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. The petitioner shall make himself available for interrogation as and when required by the investigating officer. 5. Petitioner shall not commit any offence while on bail. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above. Dated this the 7th day of March, 2011. V.RAMKUMAR, JUDGE. skj