IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 Bail Appl. No. 4665 of 2010() ------------------------ CRIME NO. 550 OF 2008 OF PALAKKAD TOWN NORTH POLICE STATION, PALAKKAD .................... PETITIONERS/4TH & 5TH ACCUSED ----------------------------- 1. MUTHU @ ANTHONIMUTHU, AGED 58 YEARS, S/O.MUTHUNAYAKAM, THANKAMMALPURAM, KOVILPETTY, THOOTHUKUDI, TAMIL NADU. 2. MUTHUPANDI, AGED 30 YEARS, S/O.MUTHU, THANKAMMALPURAM, KADAMBUR POST, KOVILPETTY, THOOTHUKUDI, TAMIL NADU. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENT(S): STATE -------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V. TEK CHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No. 4665 of 2010 ------------------------------- DATED: 6th August, 2010 O R D E R Petitioners who are accused Nos. 4 and 5 in Crime No. 550 of 2008 of Palakkad Town North Police Station for offences punishable under Sections 380, 461 and 457 read with Sec. 34 I.P.C. seek their 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 petitioners. If so, by virtue of the proviso to sec.167 (2) Cr.P.C. the petitioners are entitled to be released on bail as of right. 3. Accordingly, the petitioners are directed to be released on bail on each of them executing a bond for Rs. 25,000/- (Rupees twenty five thousand only) with two solvent sureties (one of whom shall furnish solvency certificate for the said amount) each for the like amount to the satisfaction of the Chief Judicial Magistrate, Palakkad, and subject to the following conditions:- 1. The petitioners shall report before the B.A. No. 4665 of 2010 -:2:- Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 3. The petitioners shall make themselves available for interrogation as and when required by the investigating officer. 4. The petitioners shall not commit any offence while on bail. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed as above. Sd/- V.RAMKUMAR, JUDGE ani. /true copy/ P.S. to Judge