IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 Bail Appl..No. 2929 of 2008() ---------------------------------------- CRIME NO.262/2008 OF KOYILANDY POLICE STATION .... PETITIONER/ ACCUSED ------------------ 1. BAIJU, AGED 28 YEARS, S/O.KUNHIRAMAN, OTHAYOTH HOUSE, IYYAMKODE AMSOM DESOM, VADAKARA TALUK. 2. JUNAID, S/O.AHAMMED, AGED 19, ODAM PARAMBATH HOUSE, VISHNUMANGALAM, VATASKARA TALUK. BY ADV. SRI.P.NARAYANAN RESPONDENT: COMPLAINANT ----------------------- STATION HOUSE OFFICER, KOYILANDY POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No.2929 of 2008 ------------------------------- Dated this the 22nd day of May 2008 O R D E R Petitioners who are the accused in Crime No.262/2008 of Koyilandy Police Station for an offence punishable under Sec. 379 IPC, who were arrested on 14.3.2008, seeks their 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 petitioners. If so, by virtue of the proviso to sec.167(2) Cr.P.C. the petitioners are entitled to be released on bail as of right. 3. Accordingly, the petitioners are directed to be released on bail on their executing a bond for Rs. 20,000/- (Rupees twenty thousand only) each with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M., Nadapuram and subject to the following conditions:- 1. The petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. B.A.2929/2008 2 2. The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 3. The petitioners shall make themselves available for interrogation, including custodial interrogation as and when required by the investigating officer. 4. The petitioners shall not commit any offence while on bail. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed as above. V.RAMKUMAR, JUDGE css/