IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 14TH JANUARY 2010 / 24TH POUSHA 1931 Bail Appl..No. 7623 of 2009 CRIME NO.320 OF 2007 OF NALLALAM POLICE STATION, KOZHIKODE PETITIONER/ACCUSED NO.2 ------------------------------------------- RENJITH @ KAKKA RENJITH, AGED 3O YEARS, S/O.GOALAKRISHNAN,MANGALODIYIL HOUSE, NEAR GURUVAYURAPPAN COLLEGE, OLAVANNA POKKUNNU. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAN D THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7623 OF 2009 ------------------------------------------------------ Dated this the 14th day of January, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.320 of 2007 of Nallalam Police Station, Kozhikode. 2. The offences alleged against the petitioner are under Sections 392 and 414 of the Indian Penal Code. 3. The prosecution case is that on 2.11.2007, while the de facto complainant was returning home, after closing the jewellery shop belonging to his uncle, three of the accused persons attacked him and robbed two kilograms of gold and Rs.1,70,000/-. The petitioner surrendered before Court on 15.10.2009 and he was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that the investigation is not complete and the charge sheet is not filed within B.A. NO. 7623 OF 2009 :: 2 :: ninety days of the date of arrest of the petitioner and, therefore, the petitioner is entitled to default bail under proviso (a) to Section 167(2) of the Code of Criminal Procedure. The learned Public Prosecutor submitted that charge sheet is not filed within ninety days of the date of arrest of the petitioner. Learned Public Prosecutor also submitted that the petitioner is involved in five other cases of similar nature. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence, the present stage of investigation and the fact that charge sheet is not filed within ninety days of the date of arrest of the petitioner, I am inclined to grant bail to the petitioner. 6. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – V, Kozhikode, subject to the following conditions: a) The petitioner 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; B.A. NO. 7623 OF 2009 :: 3 :: b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall furnish his correct residential address with all relevant details before the Court of the Judicial Magistrate of the First Class V, Kozhikode within a period of one week; d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; f) 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/