LAL THANKAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner who is the 4th accused in Crime No.56/06 of Thumba Police Station for offences punishable under sections 143, 147, 148 and 304 read with section 149 IPC and sections 3 and 5 of the Explosive Substances Act, 1908, seeks his enlargement on bail. He was arrested on 16.10.2006.

(2.) Even though the learned Public Prosecutor opposed the application, he fairly conceded that no final report has been filed, even after 90 days judicial custody of the petitioner. If so, the petitioner is entitled to bail as of right by virtue of the proviso to section 167(2) Cr.P.C.

(3.) 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.-II, Thiruvananthapuram and subject to the following conditions: