IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 8TH DECEMBER 2011 / 17TH AGRAHAYANA 1933 Bail Appl..No. 9985 of 2011() ----------------------------- CMP.7139/2011 of J.M.F.C.-I, CHENGANNUR CRIME NO.388/2011 OF MANNAR POLICE STATION ALAPPUZHA DISTRICT .................... PETITIONERS/2ND & 3RD ACCUSED: -------------------------------- 1. SUDHEESH KUMAR, AGED 34 YEARS, S/O.GOPALAN, SUDHEESH BHAVANAM, KUTTAMPEROOR MURI, MANNAR VILLAGE. 2. SURESH KUMAR, AGED 32 YEARS, S/O.GOPALAN, SURESH BHAVANAM, KUTTAMPEROOR MURI, MANNAR VILLAGE. BY ADV. SRI.P.HARIDAS SMT.S.SIKKY SMT.LIJI KUTTAPPAN RESPONDENTS: STATE & COMPLAINANT: ----------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM-682 031. 2. THE SUB INSPECTOR OF POLICE, MANNAR POLICE STATION-682 031. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.9985 of 2011 ---------------------------------------------- Dated this the 08th day of December, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.2 and 3 in Crime No.388 of 2011 of Mannar Police Station. 2. The offences alleged against the petitioners are under Sections 302, 323 and 506(i) read with Section 34 of the Indian Penal Code. 3. The prosecution case is the following : The deceased was a fish vendor. He and his wife were engaged in fish vending in the market. The accused requested the deceased to hide ganja brought by them. The deceased refused. On account of the same, the accused persons attacked the deceased and manhandled him. The deceased sustained internal injuries. The accused persons did not even allow the other people in the market to save the deceased or to take him to hospital. The wife of the deceased somehow managed to take the deceased to the hospital. The deceased succumbed to the injuries on 23.8.2011. Bail Appln.No.9985/2011 : 2 : 4. The petitioners were arrested on 07/09/2011 and they were remanded to judicial custody on 08/09/2011. 5. The learned counsel for the petitioners submitted that no final report was filed within 90 days. Therefore, the petitioners are entitled to default bail under the proviso to Section 167(2) of the Code of Criminal Procedure. The learned Public Prosecutor submitted that the final report will be filed within a period of ten days. 6. Since the final report is not filed within the time provided under Section 167(2), the petitioners are entitled to default bail. 7. The petitioners shall be released on bail on their executing bond for `25,000/- (Rupees Twenty Five thousand only) each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Chengannur, subject to the following conditions:- A) The petitioners 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 petitioners shall appear before the investigating officer for interrogation as and when required; Bail Appln.No.9985/2011 : 3 : C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. E) The petitioners shall co-operate with the investigating officer in the matter of investigation. F) 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 skj