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
scm