IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 7TH JULY 2011 / 16TH ASHADHA 1933 Bail Appl..No. 5428 of 2011 CRIME NO.181 OF 2011 OF VAIKOM POLICE STATION, KOTTAYAM. PETITIONER/3RD ACCUSED ------------------------------------------ ABDUL LATHEEF @ KHADIYANI LATHEEF, S/O.MOOSA, VELIMPARAMBIL VEEDU, KACHERIPPADY WEST, PALLURUTHY VILLAGE, COCHIN, ERNAKULAM. BY ADV. SRI.C.B.SREEKUMAR RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.181 OF 2011 OF VAIKOM POLICE STATION) PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5428 OF 2011 C ------------------------------------------------------ Dated this the 7th day of July, 2011 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.3 in Crime No.181 of 2011 of Vaikom Police Station. 2. The offences alleged against the accused are under Sections 465, 467, 468 and 471 of the Indian Penal Code. 3. The petitioner was arrested on 4.5.2011. It is submitted that charge was not laid within sixty days and, therefore, the petitioner is entitled to default bail as provided under the proviso to Section 167(2) of the Code of Criminal Procedure. 4. In view of the fact that charge was not laid within the time provided, the petitioner is entitled to be released on bail. 5. The petitioner shall be released on bail on his executing bond BAIL APPL. NO.5428 OF 2011 :: 2 :: for Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Vaikom, 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, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) 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/