IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 21ST FEBRUARY 2011 / 2ND PHALGUNA 1932 Bail Appl..No. 1257 of 2011() ---------------------------------- (CRIME NO.250/2010 OF KARUVARAKUNDU POLICE STATION, MALAPPURAM DISTRICT) ........ PETITIONER/ACCUSED NO.2: ---------------------------------- PRASANTH, S/O.HARIDASAN, THAZHATHEYATHRA HOUSE, KALIKKUNNU, THUVOOR AMSOM, VANIYAMBALAM, THALIYAMKUNDU. BY ADV. SRI.MANSOOR.B.H. RESPONDENT(S): COMPLAINANT/STATE: ------------------------------------------------ STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, (REPRESENTING STATION HOUSE OFFICER, KARUVARAKUNDU POLICE STATION, MALAPPURAM DISTRICT – 682 031.) BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.1257 of 2011 ----------------------------------------------------- Dated this the 21st day of February, 2011 ORDER The petitioner, who is accused No.2 in Crime No.250 of 2010 of Karuvarakundu Police Station, for an offence punishable under Section 489-B 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 `1,00,000/- (Rupees One lakh 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. 2. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. Bail Appln.No.1257/2011 : 2 : 3. The petitioner shall surrender his passport, if any, before executing the bail bond. In case the petitioner is not the holder of the passport he shall file an affidavit to that effect. 4. The petitioner shall stay confined to the limits of Malappuram District and shall not travel beyond the limits of Malappuram District without the written permission of the court concerned. 5. The petitioner shall make himself available for interrogation as and when required by the investigating officer. 6. 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. Dated this the 21st day of February, 2011. V.RAMKUMAR, JUDGE skj