IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 Bail Appl..No. 1038 of 2011() ------------------------ Crime No. 792 of 2010 of Kalpetta Police Station .................... PETITIONER/IST ACCUSED ---------------------- KRISHNANKUTTY CHETTIYAR, S/O.SHANMUGHAM CHETTIYAR, KRISHNA NIVAS, PANACHIVILA, EDAMULAKKAL AMSOM, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- STATE OF KERALA, REP.BY THE SUB INSPECTOR OF POLICE, KALPETTA POLICE STATION, WAYANAD DISTRICT, NOW INVESTIGATION CONDUCTED BY SPECIAL INVESTIGATION TEAM HEADED BY D.Y.S.P. KALPETTA THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 682 031. Public Prosecutor Sri. M.S. Breez THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: “The rank of the petitioner shown in the cause title of the order dated 8-2-2011 in B.A. No. 1038 of 2011 is corrected as 20th accused as per order dated 14-2-2011 in Crl.M.A. 898/2011”. V. RAMKUMAR, J. ------------------------------- Bail Application No. 1038 of 2011 ------------------------------- DATED: 8-2-2011 O R D E R Petitioner, who is the first accused in Crime No. 792 of 2010 of Kalpetta Police Station in Wayanad District for offences punishable under Sections 419, 420, 465, 468 and 120 (B) read with Sec. 34 I.P.C. seeks his 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 petitioner. If so, by virtue of the proviso to sec.167(2) Cr.P.C. the petitioner is entitled to be released on bail as of right. 3. Accordingly, the petitioner is directed to be released on bail on his executing a bond for `25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate concerned and subject to the following conditions:- Bail A.No. 1038 of 2011 -:2:- 1. Petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. Petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 3. The petitioner shall make himself available for interrogation as and when required by the investigating officer. 4. Petitioner shall not commit any offence while on bail. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above. Dated this the 8th day of February, 2011. Sd/-V.RAMKUMAR, JUDGE ani/ /true copy/ P.S. to Judge Bail A.No. 1038 of 2011 -:3:- “The words “first accused” occurring in the Ist line of paragraph 1 of the final order dated 8-2-2011 are corrected and substituted with the words “10th accused” as per order dated 14-02-2011 in Crl.M.A. 898/2011 in B.A. 1038/2011”.