IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 Bail Appl..No. 6075 of 2011() ----------------------------- CRIME NO.415/2011 OF PATHANAMTHITTA POLICE STATION PEITIONER : ACCUSED ----------------------------- RAJU SAMUEL,AGED 61 YEARS, S/O.SAMUEL MULAKKATHARA HOUE, PERISSERY MURI, PULIYOOR VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): --------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKUALM-682031 PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.6075 of 2011 --------------------------- Dated this the 9th 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 petitioner is the sole accused in Crime No.415 of 2011 of Pathanamthitta Police Station. 2. The offence alleged against the petitioner is under Section 420 of the Indian Penal Code. 3. The petitioner was arrested on 9.6.2011. The investigation is not complete and the charge has not been laid within 60 days of the date of arrest. Therefore, the petitioner is entitled to default bail under the proviso to Sub Section (2) of Section 167 of the Code of Criminal Procedure. 4. Accordingly, the Bail Application is allowed. The petitioner shall be released on bail on his executing bond for ` 50,000/- with two solvent sureties for the like BA 6075/2011 2 amount to the satisfaction of the Chief Judicial Magistrate, Pathanamthitta, 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) The petitioner shall surrender his passport before the court of the Chief Judicial Magistrate, Pathanamthitta. If the petitioner does not have a passport, an affidavit sworn to by the petitioner to that effect shall be filed before the learned Magistrate ; C) The petitioner shall appear before the investigating officer for interrogation as and when required; 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 csl