IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 Bail Appl..No. 306 of 2008() ---------------------------- CRIME NO.1230/07 OF ALUVA POLICE STATION .................... APPLICANT/1ST ACCUSED -------------------------------------- SREEDHARAN @ KODALY SREEDHARAN, S/O. KRISHNAN, PANIKKARUVALAPPIL HOUSE, KIZHAKKEKODALYIL, MATTATHUR, THRISSUR. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 306 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of January, 2008 O R D E R Application for regular bail. The petitioner faces allegations in a crime registered under Section 395 I.P.C. The petitioner is involved in many other cases, where he is alleged to have committed the offence under Section 395 I.P.C. along with others. The learned counsel for the petitioner submits that the petitioner is involved in 21 such cases now. The learned counsel asserts, the learned Prosecutor concedes and the order passed by the learned Sessions Judge under Section 439 Cr.P.C., copy of which is produced as Annex.A, shows that the petitioner was arrested in this crime on 17.10.2007. It is conceded by the learned Prosecutor that final report has not been filed so far. It therefore follows that the petitioner is entitled for regular bail by default, the final report having not filed within the period of 90 days, as stipulated under Section 167(2) Cr.P.C. I am satisfied B.A.No. 306 of 2008 2 that the petitioner can be granted regular bail, subject to appropriate terms and conditions. 2. In the result: 1) This application is allowed. 2) The petitioner shall be released on bail on the following terms and conditions. (a) The petitioner shall execute a bond for Rs.5,00,000/- (Rupees five lakhs only) with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. (b) He shall make himself available for interrogation before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon until further orders. © The petitioner shall not leave the State of Kerala without the prior permission of the learned Magistrate until further orders. (d) The petitioner shall before he is released from custody furnish to the learned Magistrate the address of his place of residence where he proposes to reside after his release. He shall keep the B.A.No. 306 of 2008 3 learned Magistrate and the Investigating Officer informed of the change of address, if any, until further orders. (R. BASANT) Judge tm