IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 13TH JANUARY 2011 / 23RD POUSHA 1932 Bail Appl..No. 126 of 2011(A) ---------------------------------------- [CRIME NO.403/2010 OF NENMARA POLICE STATION, PALAKKAD DISTRICT] .................... PETITIONER/ACCUSED: ---------------------------------- PRASAD @ AYYAPPAN, AGED 30 YEARS, S/O.KRISHNAN, KUNNINGAL HOUSE, MATTUPARA, NENMARA, PALAKKAD. BY ADV. SRI.M.B.PRAJITH. RESPONDENTS/COMPLAINANTS: ------------------------------------------------- 1. STATE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, NENMARA POLICE STATION, (CRIME NO.403 OF 2010), PALAKKAD. R1 & R2 BY PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/01/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V. RAMKUMAR, J. ------------------------------------------------- Bail Application No.126 of 2011 -------------------------------------------------- Dated this the 13th day of January, 2011 ORDER The petitioner, who is the sole accused in Crime No.403 of 2010 of Nenmara Police Station, for offences punishable under Sections 341, 323, 354 & 511 of 376 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 `35,000/- (Rupees thirty five thousand 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.126 of 2011 -:2:- 2. The petitioner shall not enter the limits of Nenmara Police Station until further orders to be passed by the court concerned. 3. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. The petitioner shall make himself available for interrogation as and when required by the investigating officer. 5. 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