IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 15TH MARCH 2011 / 24TH PHALGUNA 1932 Bail Appl..No. 1911 of 2011() ----------------------------- CRIME No.796/10 OF NOORANAD POLICE STATION ----------------------- PETITIONER/3RD ACCUSED :- ------------------------------------------ SHAFEEK, S/O. SHAUKATH, PALLIYUDE THEKKATHIL VEEDU, CHUNAKKARA SOUTH MURI, CHUNAKKARA. BY ADV. SRI.M.R.SARIN PANICKER RESPONDENT(S) :- ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.1911 of 2011 ------------------------------------------------ Dated this the 15th day of March, 2011 ORDER Petitioner, who is the 3rd accused in Crime No.796/2010 of Nooranad Police Station for offences punishable under Sections 449, 302 and 201 read with 34 I.P.C, 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 Rs.35,000/- (Rupees thirty five thousand 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 Nooranad Police Station except for the purpose of complying with the Condition No.1. Bail Appln.No.1911 / 2011 -:2:- 3. The petitioner shall not directly or indirectly make any inducement, threat or promise to any person who is acquainted with the facts of the case so as to dissuade him or her from disclosing any information to the Court or to the police or to any other person in authority. 4. The petitioner shall not influence or intimidate the prosecution witnesses or the victims nor shall he attempt to tamper with the evidence for the prosecution. 5. The petitioner shall make himself available for interrogation as and when required by the investigating officer. 6. The petitioner shall not establish any contact with any of the witnesses or accused in the case. 7. Petitioner shall not commit any offence while on bail. 8. The petitioner shall notify to the Court their place of residence before executing the bail bond. 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 15th day of March, 2011. V.RAMKUMAR, JUDGE. dmb