IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 Bail Appl..No. 10458 of 2011 CRIME NO.992 OF 2011 OF PALA POLICE STATION, KOTTAYAM DISTRICT. PETITIONER: 2ND ACCUSED. -------------------------------- P.V.JOHNY,AGED 53 YEARS,S/O.LATE VARKEY, PUTHENVEETIL, KONTHURUTHY, THEVARA P.O, ERNAKULAM DISTRICT. BY ADV. SRI.B.JAYASURYA RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PALA POLICE STATION, KOTTAYAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SMT.KOCHUMOL THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 10458 OF 2011 ------------------------------------------------------ Dated this the 22nd day of December, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.992 of 2011 of Pala Police Station, Kottayam District. 2. The offences alleged against the accused are under Section 420 read with Section 34 of the Indian Penal Code and Sections 4 and 5 of the Prize Chits and Money Circulation Scheme (Banning) Act. 3. The petitioner was arrested on 17.10.2011. However, no final report was filed within sixty days. Therefore, it is contended that the petitioner is entitled to default bail under the proviso to Section 167(2) of the Code of Criminal Procedure. It is submitted by the BAIL APPL. NO.10458 OF 2011 :: 2 :: learned Public Prosecutor that charge sheet was not filed within time. 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 also the fact that charge sheet was not filed within the stipulated time, 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 Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Pala, 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 for a period of two months and thereafter on all Mondays, 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; BAIL APPL. NO.10458 OF 2011 :: 3 :: 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 ahz/