IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 Bail Appl..No. 9608 of 2011() ----------------------------- CMP.7139/2011 of J.M.F.C.-I, CHENGANNUR Crime No.388 of 2011 of Mannar Police Station, Alappuzha District. .................... PETITIONER/IST ACCUSED ------------------------------------------ SAJEEV,AGED 35 YEARS,S/O.PONNAPPAN, MANAPPURATH VEEDU,VISHAVARARSSERIKKARA MURI, KURATTISSERI VILLAGE. BY ADV. SRI.P.HARIDAS SMT.S.SIKKY SMT.LIJI KUTTAPPAN RESPONDENT(S): STATE -------------------- 1. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031. 2. THE S.I. OF POLICE STATION, MANNAR POLICE STATION 688 103. BY P.P.SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 9608 OF 2011 --------------------------------- Dated this the 2nd day of December , 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.388 of 2011 of Mannar Police Station, Alappuzha District. 2.The offences alleged against the petitioner are under Sections 302, 323 and 506(i) read with 34 of the Indian Penal Code. 3.The date of occurrence was on 14.8.2011. The petitioner was arrested on 24.8.2011 and he was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that no final report was filed within 90 days. Therefore, the B.A.No.9608 OF 2011 2 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 the final report will be filed within a period of ten days. 5. Since the final report is not filed within the time provided under Section 167(2), the petitioner is entitled to default bail. 6.The petitioner shall be released on bail on his executing bond for `25,000/- (Rupees Twenty Five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Chengannur, 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 and Thursdays 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. B.A.No.9608 OF 2011 3 D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) The petitioner shall cooperate with the investigating officer in the matter of investigation. F) 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 cms