IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 14TH JANUARY 2011 / 24TH POUSHA 1932 Bail Appl..No. 75 of 2011() ------------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.6286/2008 CMP.1622/2010 of J.M.F.C.-I, ALUVA CRIME NO. 506/2008 OF CHENGAMANAD POLICE STATION & CR.101/CR/SII/08 OF ERNAKULAM, ERNAKULAM DISTRICT .................... PETITIONER/ACCUSED NO.3 ----------------------------------- MUHAMMOD RAFI, S/O.MUHAMMDUNNI, AGED 40 YEARS, VALIYAKATHU HOUSE, ORUMANAYOOR CHAVAKKAD, THRISSUR BY ADV. SRI.M.SHYJU RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, REP.BY DETECTIVE INSPECTOR, CBCID OCW II, ERNAKULAM REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs V. RAMKUMAR, J. ------------------------------------------------- Bail Application No.75 of 2011 -------------------------------------------------- Dated this the 14th day of January, 2011 ORDER The petitioner, who is accused No.3 in Crime No.506 of 2008 of Chengamanad Police Station (now Cr.101/CR/SII/08 of Ernakulam), for an offence punishable under Section 489(B) & (C) of 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 `2,00,000/- (Rupees Two lakhs 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. Bail Appln.No.75 of 2011 -:2:- 2. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to 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. 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. V.RAMKUMAR, JUDGE skj