IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 Bail Appl..No. 9619 of 2011 CRIME NO.200 OF 2008 OF KOTTARAKKARA POLICE STATION CBCID CRIME NO.58/CR/21/2008 OF CBCID OCW-1, SUB UNIT, KOLLAM. PETITIONER/ 3RD ACCUSED ------------------------------------------- NOUSHAD,S/O.MUHAMMED,ILLIKKAL HOUSE, AMARAMBALAM VILLAGE,NILAMBOOR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI. K.SIJU SRI.S.ABHILASH RESPONDENT: STATE -------------------- STATE OF KERALA,REPRESENTED BY DETECTIVE INSPECTR CBCID OCW.1, SUB UNIT, KOLLAM THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/12/2011, ALONGWITH B.A.NO.9620 OF 2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl.NOS.9619 & 9620 of 2011 ------------------------------------------------------ Dated this the 7th day of December, 2011 O R D E R In these cases, the petitioner is the same person and therefore, these Bail Applications are considered and disposed of by this common order. These Bail Applications are filed under Section 439 of the Code of Criminal Procedure. 2. B.A.No.9619 of 2011 relates to Crime No.200 of 2008 of Kottarakkara Police Station which was renumbered as CBCID Crime No.58/CR/S1/2008 of Sub Unit, Kollam. The petitioner is accused No.3 therein. B.A.No.9620 of 2011 relates to Crime No.420 of 2007 of Palode Police Station which was renumbered as CBCID Crime No.23/CR/S1/2008. The petitioner is accused No.2 therein. 3. The offences alleged against the accused are under Sections 420, 489B and 489C read with Section 34 of the Indian Penal Code. BAIL APPL. NOS.9619 AND 9620 OF 2011 :: 2 :: 4. In Cr.No.58/CR/S1/2008, the allegation is that on 21.2.2008, the accused purchased three goats from the defacto complainant for a sum of `6,400/- and paid thirteen counterfeit currency notes of the denomination of `500/-. The formal arrest of the petitioner was recorded on 5.9.2011. 5. In Cr.No.23/CR/S1/2008, the allegation is that on 19.11.2007, the accused purchased two goats from the defacto complainant for a sum of `5,300/- and paid 53 counterfeit currency notes of the denomination of `100/-. The formal arrest of the petitioner was recorded on 5.9.2011. 6. It is submitted by the learned counsel for the petitioner that ninety days elapsed from the date of remand of the petitioner and the final report was not filed in these cases within the period of ninety days. The counsel for the petitioner, therefore, contended that the 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 charge sheet was not filed in these cases within ninety days. BAIL APPL. NOS.9619 AND 9620 OF 2011 :: 3 :: 7. On the ground that charge sheet was not filed within the period of ninety days from the date of remand of the petitioner, I am inclined to grant bail to the petitioner. The petitioner shall be released on bail on his executing bond for Rupees Fifty thousand in each case with two solvent sureties for the like amount to the satisfaction of the Court having jurisdiction, subject to the following conditions: a) The petitioner shall surrender his Passport before the Court having jurisdiction. If the petitioner does not have a Passport, an affidavit to that effect shall be filed before the Court; b) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays in CBCID Crime No.58/CR/S1/2008 of Sub Unit, Kollam and on all Thursdays in CBCID Crime No.23/CR/S1/2008, 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 leave the State of Kerala without giving prior intimation with all relevant details to the Detective Inspector, CBCID, OCW-I, Thiruvananthapuram; e) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; f) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; BAIL APPL. NOS.9619 AND 9620 OF 2011 :: 4 :: g) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. These Bail Applications are allowed as above. (K.T.SANKARAN) Judge ahz/