IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 26TH OCTOBER 2009 / 4TH KARTHIKA 1931 Bail Appl..No. 6194 of 2009() ------------------------------------ CRIME NO. 4/2006 OF NALLALLAM POLICE STATION .................... PETITIONER : --------------------- K.M.BIJU, AGED 27 YEARS S/O.AYYAPPAN, KOLAYIMEETHAL, PERUMANPURA PERUMANNA, KOZHIKODU DISTRICT. BY ADV. SRI.K.S.ARUN KUMAR RESPONDENT: --------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY SRI. M..SBREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6194 of 2009 ------------------------------------ Dated this the 26th day of October, 2009 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. 4/2006 of Nallallam Police Station. 2. The offence alleged against the petitioner is under Section 379 read with Section 34 of the Indian Penal Code. 3. It is submitted by the learned counsel for the petitioner that the petitioner was arrested on 24.08.2009. But no final report was filed by the investigating officer within the time permitted under Section 167 (2) of the Code of Criminal Procedure. It is submitted that the petitioner is entitled to default bail. 4. The learned Public Prosecutor submitted that he has not received instruction in the matter. 5. Leaving open the right of the petitioner to move the court of the Judicial Magistrate of the First Class-V, Kozhikode for default bail, this Bail Application is closed. When an application is filed by the petitioner for default bail, the learned Magistrate shall dispose of the same in accordance with law. K.T. SANKARAN, JUDGE ln