High Court Kerala High Court

Pramod Issac vs State Of Kerala on 27 July, 2009

Kerala High Court
Pramod Issac vs State Of Kerala on 27 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 3761 of 2009()


1. PRAMOD ISSAC, S/O.ISSAC,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. DETECTIVE INSPECTOR, CBCID,

                For Petitioner  :SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :27/07/2009

 O R D E R
                         K.T. SANKARAN, J.
                    ---------------------------
                     B.A. No.3761 of 2009
                ------------------------------------
               Dated this the 27th day of July, 2009

                            O R D E R

This is an application for bail under Section 439 of the

Code of Criminal Procedure. The petitioner is the 5th accused in

Crime No. 201/2008 of CBCID, Thiruvananthapuram.

2. The formal arrest of the petitioner was recorded on

27/04/2009. The Bail Application submitted by the petitioner was

dismissed by me as per order dated 8/06/2009.

3. The learned counsel for the petitioner submitted that

charge was not laid before the expiry of 90 days from the date of

arrest. Therefore, the petitioner is entitled to default bail under

proviso to Section 167(2) of the Code of Criminal Procedure. The

learned Public Prosecutor submitted that charge was not laid in

the case and that 90 days expired from the date of arrest.

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 the present stage of

investigation, 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 Rs.50,000/- with two solvent sureties each for the like

B.A. No.3761/2009
Page numbers

amount to the satisfaction of the Additional Chief Judicial

Magistrate, Thiruvananthapuram. It is submitted that the

petitioner is in judicial custody in connection with some other

cases. The grant of bail as mentioned above will be subject to the

following conditions, to be complied with on his actual release

from judicial custody.

A) The petitioner shall report before the
Investigating Officer between 9 A.M. and
11 A.M. on all Mondays and Thursdays, 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.

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

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