JIBU ALIAS JAYARAJ Vs. STATE OF KERALA

JUDGEMENT

(1.) In this Petition filed under Sec. 439 Cr.P.C. the petitioner, who is the 2nd accused in Crime No.302/2006 of Narakkal Police Station for offences punishable under Secs.323, 326 and 308 read with section 34 I.P.C., seeks his enlargement on bail. The occurrence took place on 22.7.2006 at 10.30. a.m. on the public road near a temple. Petitioner was arrested on 15.12.2006 in connection with Crime No.307/06 of the very same police station. His former arrest in this case was also recorded on the same day.

(2.) Eventhough the Public Prosecutor opposed the application submitting, inter alia, that the petitioner is involving in other crimes including a murder case, he fairly conceded that the final report has not been laid so far in spite of 60 days of judicial custody of the petitioner. If so, by virtue of the proviso to sec.167(2) Cr.P.C. the petitioner is entitled to be released on bail as of right.

(3.) Accordingly, the petitioner is directed to be released on bail on his executing a bond for Rs. 20,000/- (Rupees twenty thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M.-I, Kochi and subject to the following conditions: