Kerala High CourtUnknown vs By Senior Advocate Sri.P.Vijaya Bhanu on 16 August, 2011Author:K.T.SankaranBench:K.T.SankaranIN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT :

        THE HONOURABLE MR. JUSTICE K.T.SANKARAN

        TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933

                   Bail Appl..No. 6225 of 2011


         CRIME NO.100/CR/EOW1/KLM/2011 OF CBCID, EOW1, KOLLAM

 APPLICANT/ACCUSED NO.5
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      SANTHOSH, AGED 56 YEARS, S/O.ANANDAN,
      SANTHOSH BHAVANAM, MANGALAM NAGAR 138,
      MANGAD CHERRI, MANGAD VILLAGE, KOLLAM.

      BY SENIOR ADVOCATE SRI.P.VIJAYA BHANU
          SRI.M.REVIKRISHNAN
          SRI.VIPIN NARAYAN


RESPONDENT: COMPLAINANT
--------------------------

      STATE OF KERALA,
      REPRESENTED BY PUBLIC PROSECUTOR,
      HIGH COURT OF KERALA, ERNAKULAM,
      REPRESENTING THE SUPERINTENDENT OF POLICE,
      CBCID, EOWI, KOLLAM.

      PUBLIC PROSECUTOR SRI.V.TEKCHAND

      THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 16/08/2011,           THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:


                         K.T.SANKARAN, J.
            ------------------------------------------------------
                  Bail Appl. NO. 6225 OF 2011
            ------------------------------------------------------
           Dated this the 16th day of August, 2011


                               O R D E RThis is an application for bail underSection 439of the Code

of Criminal Procedure. The petitioner is accused No.5 in Crime

No.100/CR/EOW-1/KLM/2011 of CBCID, EOW1, Kollam.2.  The offences alleged against the accused are under

Sections 120B,201,324,326and307read withSection 34of the

Indian Penal Code.3.   The petitioner filed B.A.No.5441 of 2011, which was

dismissed by the order dated 15.7.2011.4. The petitioner was arrested on 17.5.2011. Till now charge

sheet has not been filed.          Learned counsel for the petitioner

submitted that the petitioner is entitled to default bail under the

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

learned Public Prosecutor submitted that the Government have

BAIL APPL. NO.6225 OF 2011

                                      :: 2 ::issued orders entrusting the investigation of the case to the Central

Bureau of Investigation. That does not arrest the application of the

proviso toSection 167(2)of the Code of Criminal Procedure.Accordingly, the petitioner is entitled to get default bail. The

petitioner shall be released on bail on his executing bond for Rupees

Fifty thousand with two solvent sureties for the like amount to the

satisfaction of the Judicial Magistrate of the First                Class,

Sasthamcotta, subject to the following conditions:a)    The petitioner shall surrender his Passport before the
             Court of the Judicial Magistrate of the First Class,
             Sasthamcotta, within two weeks.          If the Passport is
             already seized by the police or if the petitioner does not
             have a Passport, an affidavit sworn to by the petitioner
             to that effect shall be filed before the learned Magistrate;b)    The petitioner shall not enter into the limits of
             Sasthamcotta Police Station, for a period of three
             months, except for complying with conditions (c) and(d);c)    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;d)    The petitioner shall appear before the investigating
             officer for interrogation as and when required;BAIL APPL. NO.6225 OF 2011

                                   :: 3 ::e)    The petitioner shall not try to influence the prosecution
           witnesses or tamper with the evidence;f)    The petitioner shall not commit any offence or indulge in
           any prejudicial activity while on bail;g)    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

ahz/