IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 Bail Appl..No. 8092 of 2010(F) ------------------------------------------ [CBCID CR.210/CR/SII/08/CR.NO.406/2008 OF VAZHAKULAM POLICE STATION] ......... APPLICANT/5TH ACCUSED: ---------------------------------------- BAIJU.K.K., S/O.KUTTAPPAN, PARACKAL HOUSE, KUMARANALLOOR, KOTTAYAM. BY ADV. SRI.M.V.S.NAMPOOTHIRY. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.8092 of 2010 ----------------------------------------------------- Dated this the 20th day of December, 2010 ORDER The petitioner, who is accused No.5 in CBCID CR No.210/CR 210/CR /SII/08/CR No.406 of 2008 of Vazhakulam Police Station, for an offence punishable under Section 489 A, B, C & D read with Section 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 `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:- 1. The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. Bail Appln.No.8092/2010 : 2 : 2. The 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. The 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. V.RAMKUMAR, JUDGE skj