IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 Bail Appl..No. 6411 of 2011() ----------------------------- CRIME NO.58 OF 2011 OF ALUVA WEST POLICE STATION PETITIONER/ACCUSED -------------------------------------- ALBY, AGED 18 YEARS, S/O.AVARACHAN, ENJAKAL HOUSE, ALANGAD, ALUVA. BY ADV. SRI.SAJAN MANNALI RESPONDENT(S): RESPONDENT ------------------------- STATE OF KERALA, REP.BY THE SUPERINTENDENT OF POLICE, ALUVA. BY PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.6411 OF 2011 --------------------------------- Dated this the 17th 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.4 in Crime No.58 of 2011 of Aluva West Police Station. 2. The offences alleged against the petitioner are under Sections 366-A and 376(2)(g) of the Indian Penal Code and Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3. The date of occurrence was on 25.12.2010. The petitioner was arrested on 17.5.2011. 4. It is submitted by the learned counsel for the petitioner that the final report was not filed within 90 days from the date of arrest of the petitioner and therefore, the B.A.No.6411 OF 2011 2 petitioner is entitled to default bail under the proviso to Section 167(2) of the Code of Criminal Procedure. The learned Public Prosecutor submitted that no final report is filed so far. In the facts and circumstances, the petitioner is entitled to default bail. 5.The petitioner shall be released on bail on his executing bond for ` 25,000/-(Rupees Twenty Five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Aluva, subject to the following conditions: A) The petitioner shall not enter into the Police Station limits of Aluva West Police Station for a period of two months. B) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M on all Mondays, till the final report is filed or until further orders. C) The petitioner shall appear before the investigating officer for interrogation as and when required; D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. B.A.No.6411 OF 2011 3 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 cms