IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 Bail Appl..No. 3934 of 2009() ------------------------------------------ CMP.9380/2009 of J.M.F.C., KAYAMKULAM CRIME NO.328/2009 OF KAYAMKULAM POLICE STATION. .................... PETITIONER/ACCUSED-A9: ----------------------------------------- MUJEEB @ VETTA MUJEEB, AGED 28 YEARS, S/O.RAJEN, SAKEENA MANZIL, KMC-WARD-35, KAYAMKULAM MURI, KAYAMKULAM VILLAGE. BY ADV. SRI.AJITH MURALI RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3934 of 2009 ------------------------------------ Dated this the 28th day of July, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the 9th accused in Crime No.328/2009 of Kayamkulam Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 149, 450, 294(b), 324, 506(ii), 307 and 427 of the Indian Penal Code, Section 3 of the Explosive Substance Act and Section 7(b) read with Section 27 of the Arms Act. 3. The petitioner filed B.A. Nos. 2800/2009 and 3047/2009, which were dismissed as per orders dated 23/05/2009 and 8/07/2009 respectively. 4. The learned counsel for the petitioner submitted that the charge has not so far been laid in the case and therefore, the petitioner is entitled to default bail under the proviso to Section 167(2) of the Code of Criminal Procedure. It is submitted by the learned Public Prosecutor that the charge has not been laid. At the same time, the prosecutor submits that the petitioner B.A. No. 3934/ 2009 Page numbers is involved in 15 other criminal cases, including a murder case. The learned Public Prosecutor therefore submitted that stringent conditions may be imposed, if bail is to be granted. 5. Since it is admitted that the charge has not been laid in the case within 90 days from the date of arrest, the petitioner is entitled to default bail. 6. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kayamkulam subject to the following conditions:- A) The petitioner shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all Mondays, Wednesdays and Saturdays, till the final report is filed or until further orders. B) The petitioner shall appear before the Investigating Officer for interrogation as and when required. C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. B.A. No. 3934/ 2009 Page numbers E) 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 scm