IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 Bail Appl..No. 5574 of 2009() ----------------------------- CRIME NO.105 OF 2007 OF CBCID, ERNAKULAM PETITIONER : ACCUSED ------------------------------ SANTHOSH KUMAR, AGED 35 YEARS, OLD S/O.SASIDHARAN PILLAI, BHAVANI NIVAS, VELIYAM, VELIYAM VILLAGE, KOTTARAKKARA, KOLLAM. BY ADV. SRI.V.JAYAPRADEEP RESPONDENT(S): --------------- STATE OF KERALA, REP. BY THE DETECTIVE INSPECTOR CBCID, ERNAKULAM THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5574 of 2009 --------------------------------------------- Dated this the 1st day of October, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.4 in Crime No.105 of 2007 of CBCID, Ernakulam. 2. The offences alleged against the petitioner are under Sections 406, 419, 420, 468 and 471 read with Section 34 of the Indian Penal Code. 3. The petitioner is involved in several other cases. His formal arrest was recorded in the present case on 14.7.2009. Final report is not filed so far. The petitioner is, therefore, entitled to default bail under Section 167(2) of the Code of Criminal Procedure. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and also the fact that charge was not laid within the time stipulated under Section 167(2) of the Code of Criminal Procedure, I am of the view that BA No.5574/2009 2 bail can be granted to the petitioner. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kannur, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday and Thursday, 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; 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 csl