IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 23RD AUGUST 2011 / 1ST BHADRA 1933 Bail Appl..No. 6555 of 2011 CMP.6229/2011 of J.M.F.C.-II,NEDUMANGAD CRIME NO.1172 OF 2011 OF PANGODE POLICE STATION, THIRUVANANTHAPURAM PETITIONER: ACCUSED NO.7: -------------------- DEEPAK RAJ @ RAJEEV , S/O.RAJENDRAN, SREEJITH BHAVAN, SASTHAMPOIKA, THATTATHUMALA DESOM, PAZHAYAKUNNUMEL VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENTS: STATE & COMPLAINANT: --------------- 1. STATE OF KERALA REPRESENTED BY DIRECTOR GENERAL OF PUBLIC PROSECUTION, HIGH COURT OF KERALA, COCHIN - 31. 2. CIRCLE INSPECTOR OF POLICE KILIMANNOOR POLICE STATION, THIRUVANANTHAPURAM- 695 546. 3. SUB INSPECTOR OF POLICE, PANGODE POLICE STATION. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6555 OF 2011 ------------------------------------------------------ Dated this the 23rd day of August, 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.7 in Crime No.1172 of 2011 of Pangode Police Station, Thiruvananthapuram District. 2. The offences alleged against the accused are under Sections 449, 302, 395, 201, 216 and 120B of the Indian Penal Code. 3. The date of occurrence was on 5.5.2011. The petitioner was arrested on 24.5.2011. The learned counsel for the petitioner submitted that charge was not laid within ninety days. The learned Public Prosecutor submitted that as on today, charge sheet was not filed. BAIL APPL. NO.6555 OF 2011 :: 2 :: 4. In the facts and circumstances mentioned above, the petitioner is entitled to default bail under the proviso to Section 167 (2) of the Code of Criminal Procedure. Accordingly, the petitioner shall be released on bail on his executing bond for Rupees Fifty thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class II, Nedumangad, 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 and Thursdays, 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 enter into the limits of Pangode Police Station until further orders, except for complying with conditions (a) and (b); d) The petitioner shall surrender his Passport before the Court of the Judicial Magistrate of the First Class II, Nedumangad. If the petitioner does not have a Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate; e) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; f) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; BAIL APPL. NO.6555 OF 2011 :: 3 :: g) 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/