IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 22ND JANUARY 2008 / 2ND MAGHA 1929 Bail Appl..No. 307 of 2008() ---------------------------- CMP.9280/2007 of J.M.F.C.-II, KOLLAM CRIME NO.997/2006 OF KOLLAM EAST POLICE STATION .................... : APPLICANT/6TH ACCUSED -------------------------------------- SREEDHARAN @ KODALY SREEDHARAN, S/O. KRISHNAN, PANIKKARUVALAPPIL HOUSE, KIZHAKKEKODALIYIL, MATTATHUR, THRISSUR. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/01/2008, ALONG WITH BA NO. 309 OF 2008 AND BA NO. 310 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.Nos.307,309 and 310 of 2008 --------------------------------------------------- Dated this the 22nd day of January 2008 O R D E R Applications for regular bail. The common petitioner in these petitions is the sixth accused in crime No.997/2006 of Kollam East police station, crime No.513/2007 of Mannarkkad police station and crime No.208/2007 of Town North police station, Palakkad. He faces allegations in these crimes for serious offences punishable under Sections 395 and 392 I.P.C and also under the provisions of the Arms Act. The petitioner was initially arrested on 22/7/2007 and he continues in custody from that date. He is involved in several crimes. His formal arrest in these three cases have been recorded on 27/9/2007 (B.A.No.307/2008) and 17/09/2007 (B.A.Nos.309 and 310 of 2008). 2. Admittedly, a period exceeding 90 days have elapsed now after the formal arrest of the petitioner in these crimes. Admittedly final report has not been filed also. The petitioner is in these circumstances entitled to the indefeasible right of bail by default. The learned Public Prosecutor concedes that the petitioner is entitled for such regular bail. B.A.Nos.307,309 & 310/08 2 4. I am satisfied in these circumstances that the petitioner can be granted regular bail under the proviso to Section 167(2) Cr.P.C; but subject to appropriate strict conditions considering the nature of the allegations in these crimes. 5. These petitions are in these circumstances allowed. The petitioner shall be released on bail on the following terms and conditions: i) He shall execute bonds for Rs.5,00,000/- (Rupees five lakhs only) in each case with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. Considering the peculiar facts and circumstances of this case, I must observe that the learned Magistrate must very scrupulously ensure that the sureties offered are sufficient and solvent. ii) The petitioner shall report before the investigating officer concerned on all Tuesdays (B.A.No.307/2008) and Wednesdays (B.A.Nos.309 and 310 of 2008). iii) The petitioner shall not leave the State of Kerala without the prior permission of the learned Magistrate concerned. iv) The petitioner shall surrender his passport, if any such passport is issued to him. If not, he shall file an affidavit to that effect before the learned Magistrate. (R.BASANT, JUDGE) jsr B.A.Nos.307,309 & 310/08 3 B.A.Nos.307,309 & 310/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007