IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 19TH NOVEMBER 2007 / 28TH KARTHIKA 1929 Bail Appl..No. 6962 of 2007() ----------------------------- CRIME NO.209/07 OF NADAKKAVU POLICE STATION .................... : PETITIONERS/ACCUSED NO.3 ----------------------------------------- M.T.SREEDHARAN,S/O.KANNAN AGED 52 YEARS, MEETHALE THAYYIL VEEDU KEEZHOOR P.O., MELADI P.O., KOZHIKODE. BY ADV. SRI.JACOB SEBASTIAN RESPONDENTS: COUNTER PETITIONER ------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM REPRESENTING S.I. OF POLICE NADAKKAVU. BY P.P. SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/11/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. -------------------------------------------- B.A. NO. 6962 of 2007 -------------------------------------------- Dated this the 19th day of November, 2007 ORDER Application for regular bail. The petitioner is the 3rd accused. He faces allegations under Sec.392 read with Sec.34 of the IPC. Altogether, there are three accused persons. Accused 1 and 2 allegedly snatched a gold chain from the de facto complainant. That incident took place on 21/6/07. The petitioner allegedly disposed of the said gold ornament. The petitioner was arrested on 2/8/07. He continues in custody from that date. The petitioner had filed this application before this Court on 7/11/07. He was therefore entitled to claim his indefeasible right to grant of default bail by default on that day. It is submitted that subsequently final report has been filed on 12/11/07. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied, in the facts and circumstances of this case, that B.A. NO. 6962 of 2007 -: 2 :- the petitioner can now be enlarged on bail subject to appropriate terms and conditions. 3. In the result: (a) The application is allowed. (b) The petitioner shall be released on bail on the following terms and conditions: (i) The petitioner shall execute a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (ii) The petitioner shall report before the S.H.O. of the Nadakkavu Police Station on the first Sundays of all English calendar months between 5 p.m. and 6 p.m. until the case against him is disposed of. (R. BASANT, JUDGE) Nan/