IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933 Bail Appl..No. 4740 of 2011() ------------------------ Crime No. 346 of 2011 of North Paravur Police Station, Ernakulam District PETITIONER/ACCUSED NO.20: ---------------------- NOUSHAD M.A., AGED 47 YEARS, S/O.AZEEZ, MANGALATHU VEEDU, MANAPPATTIPARAMBU, KALOOR, KOCHI. BY ADV. SRI.P.V.ANILKUMAR SMT.SURYA SHINE RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, NORTH PARUR POLICE STAITON, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No. 4740 of 2011 ------------------------------- DATED: 22-06-2011 O R D E R Petitioner who is the 20th accused in Crime No. 346 of 2011 of North Paravur Police Station, Ernakulam District, for offences punishable under Sections 366 (A), 354, 376(2)(g), 506(1), 342 and 202 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 Rs.50,000/- (Rupees fifty 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. 4740 of 2011 -:2:- 1. The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays till the filing of the final report. 2. The petitioner shall not directly or indirectly make any inducement, threat or promise to any person who is acquainted with the facts of the case so as to dissuade him or her from disclosing any information to the Court or to the police. 3. The petitioner shall make himself available for interrogation as and when required by the police at any time till the filing of the final report. 4. The petitioner shall not establish any contact with any of the witnesses or accused in the case. 5. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 6. The petitioner shall not commit any offence while on bail. 7. The petitioner shall notify his place of residence before executing the bail bond. Bail A.No. 4740 of 2011 -:3:- 8. Except for the purpose of complying with Condition No.1, the petitioner shall not enter the limits of North Paravur Police Station until the final report is filed. 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 22nd day of June, 2011. Sd/-V.RAMKUMAR, JUDGE ani /true copy/ P.S. to Judge