IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 14TH JULY 2011 / 23RD ASHADHA 1933 Bail Appl..No. 5433 of 2011() ----------------------------- CRIME NO.649/2011 OF KOCHI CUSBA POLICE STATION PETITIONER/ACCUSED --------------------- PRADEEP, S/O.KUNJUMON, AGED 41 YEARS, AYVELI VEETTIL, WESTERN SIDE OF PALLURUTHY MARKET, PALLURUTHY KARA, PALLURUTHY VILLAGE. BY ADV. SRI.S.RAJEEV RESPONDENT: --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.649/2011 OF KOCHI CUSBA POLICE STATION, ERNAKULAM DISTRICT. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5433 of 2011 ---------------------------------------------- Dated this the 14th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.649 of 2011 of Kochi Cusba Police Station. 2. The offences alleged against the petitioner are under Sections 302, 511 of 376 and 201 of the Indian Penal Code. 3. The date of occurrence was on 04/04/2011. The petitioner was arrested on 13/04/2011. It is submitted that the charge sheet was not filed within 90 days from the date of arrest. 4. The learned Public Prosecutor on instructions submitted that the charge sheet has not been filed. In these circumstances, the petitioner is entitled to get the benefit of the Proviso to Section 167 (2) Code of Criminal Procedure. Accordingly, 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 Bail Appln.No.5433/2011 : 2 : satisfaction of the Judicial Magistrate of the First Class-II, Kochi, subject to the following conditions: A) The petitioner shall not leave the jurisdiction of Kochi Cusba Police Station until further orders. B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. D) 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 skj