LAWS(KER)-2006-12-57

AFSAL ALIAS MUHAMMED AFSAL Vs. STATE OF KERALA

Decided On December 26, 2006
AFSAL ALIAS MUHAMMED AFSAL Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) PETITIONER who is the first accused in Crime No.797/06 of Mannrakkad Police Station for offences punishable under sections 143, 147, 307 and 352 read with section 149 IPC, seeks his enlargement on bail. The occurrence took place on 24.10.2006 and the petitioner was arrested on the same day.

(2.) LEARNED Public Prosecutor opposed the application submitting, inter alia, that the petitioner is an accused in 11 other criminal cases including murder case. But he fairly conceded that no final report has been filed even after 60 days of judicial custody of the petitioner. If so, by virtue of the proviso to section 167(2) Cr.P.C., the petitioner is entitled to bail as of right. Accordingly, the petitioner is directed to be released on bail on his executing a bond for Rs.10,000/- (Rupees ten thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M.-I, Mannarkkad and subject to the following conditions: