IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 17TH SEPTEMBER 2010 / 26TH BHADRA 1932 Bail Appl..No. 5598 of 2010() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.4910/2010 Dated 03/09/2010 CRIME NO. 380 OF 2010 OF CHENGAMANADU POLICE STATION .................... PETITIONER/ACCUSED ------------------- PRASAD, S/O.RAMANKUTTY, AGED 24 YEARS, KALARICKAL HOUSE, VAVAKODU, PERUMATI, CHITTOOR, PALAKKAD DISTRICT. BY ADV. SRI.S.RAJEEV RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.380/2010 OF CHENGAMANADU POLICE STATION, ERNAKULAM DISTRICT). PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No. 5598 of 2010 ------------------------------- DATED: 17th September 2010 O R D E R Petitioner who is the sole accused in Crime No. 380 of 2010 of Chengamanadu Police for offences punishable under Sections 188, 366 and 452 read with Sec. 34 I.P.C. seeks his enlargement on bail. He was arrested on 14-7-2010. 2. The learned Public Prosecutor on instructions submitted that no final report has been filed even after 60 days of judicial custody of the petitioner. If so, by virtue of the proviso to sec.167 (2) Cr.P.C. the petitioner is entitled to be released on bail as of right. 3. Accordingly, the petitioner is directed to be released on bail on his executing a bond for Rs. 25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M. Alwaye and subject to the following conditions:- 1. Petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. Bail Application No. 5598 of 2010 -:2:- 2. Petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 3. The petitioner shall make himself available for interrogation as and when required by the investigating officer. 4. Petitioner shall not commit any offence while on bail. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above. Dated this the 17th day of September, 2010. Sd/-V.RAMKUMAR, JUDGE ani. /true copy/ P.S. to Judge