IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 2ND DECEMBER 2010 / 11TH AGRAHAYANA 1932 Bail Appl..No. 7787 of 2010() --------------------------------------- CMP.11022/2010 of J.M.F.C. - I, KARUNAGAPPALLY CRIME NO.850/2010 OF OACHIRA POLCIE STATION, KOLLAM DISTRICT. .................... PETITIONER/ACCUSED -------------------------------------- SIVAN, S/O.KARUNAKARAN ACHARY, MADATHIL PADEETTATHIL VEEDU, PADAYANARKULANGARA VADAKKUM MURI, KARUNAGAPPALLY VILLAGE. BY ADV. SRI. K.SHAJ SRI.SAJJU.S RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. ------------------------------- Bail Application No.7787 of 2010 ------------------------------- Dated this the 2nd day of December, 2010. O R D E R Petitioner, who is the accused in Crime No.850/2010 of Oachira Police Station, for an offence punishable under Section 304 IPC, seeks his enlargement on bail. 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. 35,000/- (Rupees thirty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate concerned 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. B.A.No.7787/2010 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. V.RAMKUMAR, JUDGE ln