IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 Bail Appl..No. 3761 of 2009() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.2846/2009 Dated 08/06/2009 CRIME NO.201/2008 OF CBCID, THIRUVANANTHAPURAM. .................... PETITIONER/5TH ACCUSED: ------------------------------------------- PRAMOD ISSAC, S/O.ISSAC, KAROOR BHAVAN, VETTIKODE, BHARANIKAVU, MAVELIKKARA, ALAPPUZHA DISTRICT. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP RESPONDENT/ STATE & COMPLAINANT: -------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. DETECTIVE INSPECTOR, CBCID, THIRUVANANTHAPURAM. SRI. C.K. SURESH, PUBLIC PROSECUTOR SRI. V.G. GOVINDAN NAIR, D.G.P THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.3761 of 2009 ------------------------------------ Dated this the 27th day of July, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the 5th accused in Crime No. 201/2008 of CBCID, Thiruvananthapuram. 2. The formal arrest of the petitioner was recorded on 27/04/2009. The Bail Application submitted by the petitioner was dismissed by me as per order dated 8/06/2009. 3. The learned counsel for the petitioner submitted that charge was not laid before the expiry of 90 days from the date of arrest. Therefore, the petitioner is entitled to default bail under proviso to Section 167(2) of the Code of Criminal Procedure. The learned Public Prosecutor submitted that charge was not laid in the case and that 90 days expired from the date of arrest. 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 the present stage of investigation, I am of the view that bail can be granted to the petitioner. 5. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like B.A. No.3761/2009 Page numbers amount to the satisfaction of the Additional Chief Judicial Magistrate, Thiruvananthapuram. It is submitted that the petitioner is in judicial custody in connection with some other cases. The grant of bail as mentioned above will be subject to the following conditions, to be complied with on his actual release from judicial custody. 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. 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 scm