IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 Bail Appl..No. 1793 of 2009() ----------------------------- CMP.1071/2009 of ADDL.C.J.M.,TRIVANDRUM CRIME NO. 484/2008 OF MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM PETITIONER/2ND ACCUSED ------------------------------------------ RAJAN, S/O.VELAPPAN, SABARI NIVAS, KODANGAVILA, ATHIYANNOOR, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): STATE -------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. DETECTIVE INSPECTOR, CBCID, THIRUVANANTHAPURAM. 3. SUB INSPECTOR OF POLICE MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 1793 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 7th day of April, 2009 O R D E R Petitioner who is the 7th accused in Crime No.484/2008 of Medical College Police Station, Thiruvananthapuram for offences punishable under Secs. 406, 409 and 420 read with section 34 IPC, seeks his enlargement on bail. The petitioner was originally arrested on 10-9-2009 in another case and his formal arrest in this case was recorded on 3-1-2009. 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 Rs. 1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate and subject to the following conditions:- 1) Petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2) Petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to BA 1793/09 -2- 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) 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. mn.