IBRAHIM SAINUDHEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is accused No.2 in Crime No. 285/06 of Valancherry Police Station for an offence punishable under Sec. 395 I.P.C., seeks his enlargement on bail. The occurrence took place on 19-8-2006. The petitioner was arrested on 4-10-2006.

(2.) I heard the learned counsel for the petitioner and the learned Public Prosecutor.

(3.) Admittedly, no charge sheet has been laid even after 60 days of detention of the petitioner. If so, by virtue of the proviso to Sec. 167 Cr.P.C. the petitioner is entitled to bail as of right.