IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 Bail Appl..No. 1767 of 2008() ----------------------------- CRIME NO.20/08 OF VENJARAMOODU POLICE STATION PETITIONER: ----------------- PUSHPANGARAN, S/O.KRISHNAN NAIR, VINEESH BHAVAN, NELLANAD. BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU RESPONDENTS: ------------- 1. THE SUB INSPECTOR OF POLICE, VENJARAMOODU POLICE STATION, VENJARAMOODU. 2. STATE OF KERALA, REPRESENTEDBY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------- B.A. NO. 1767 of 2008 ------------------------------------------- Dated this the 25th day of March, 2008 ORDER Application for regular bail. The petitioner is the 2nd accused. He faces allegations in a crime registered under Sec.302 of the IPC. He was arrested and continues in custody from 10/1/08. The alleged incident took place on 9/1/08. An earlier application for regular bail filed by the petitioner was dismissed by this Court as per the order dated 28/2/08 in B.A.No.1081/08. Facts have been adverted to in detail in the said order. This order must be read in continuation of the said order. I am hence not adverting to the facts in any greater detail in this order. Investigation is almost complete. The report of the Chemical Examiner is awaited. The petitioner would be entitled for bail by default with effect from 9/4/08. The learned Public Prosecutor fairly concedes that there is no prospect of the final report being filed before 9/4/08. 2. The learned counsel for the petitioner prays, the B.A. NO. 1767 of 2008 -: 2 :- learned Public Prosecutor does not oppose the said prayer on condition that the Investigator is granted the full complement of 90 days to complete the investigation and I am satisfied that the petitioner can now be enlarged on bail subject to appropriate terms and conditions. 3. In the result: (a) This application is allowed. The petitioner shall be released on bail on the following terms and conditions: (i) The petitioner shall not be released from custody on the strength of this order prior to 9/4/08. The Investigator shall, in the meantime, make every endeavour to complete the investigation. (ii) 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. (iii) The petitioner shall make himself available for interrogation before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of three months from the date of his release. (iv) During the said period of three months, except for the purpose of complying with Condition No.(iii) above, the B.A. NO. 1767 of 2008 -: 3 :- petitioner shall not, without the prior permission of the learned Magistrate, enter the jurisdiction of the Venjaramoodu Police Station, Trivandrum. (R. BASANT, JUDGE) Nan/