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Judgment
This petition is filed under Section 439 of the Cr.P.C.
The petitioner herein is the accused in Crime No.424 of 2017 of the Ernakulam Town North Police Station, registered under Sections 406, 420, and 468 of the Indian Penal Code.
It is alleged that the petitioner herein approached the State Bank of India, Lisie Hospital Branch on 21.08.2012 and availed a car loan to the tune of Rs.5,75,000/-. While availing the loan, he is alleged to have produced forged income tax statements and PAN card. When default was committed, the fraud played by the petitioner came to light.
The learned counsel appearing for the petitioner submitted that the petitioner was arrested on 03.01.2018 and has been in custody since then. Though more than 60 days have elapsed, the final report has not been laid. According to the learned counsel, the petitioner has an indefeasable right to be enlarged on statutory bail.
The learned Public Prosecutor does not controvert the said submissions.
It appears that more than 60 days have elapsed from the date of remand of the petitioner. The final report has not been filed till date. Section 167 (2)(a)(ii) of Cr.P.C. would squarely apply and the petitioner herein is entitled to default bail.
In the result, this petition will stand allowed. However, it shall be subject to the following conditions.
a)The petitioner shall be released on bail on his executing a bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
b) The petitioner shall appear before the Investigating Officer on all Saturdays between 9 AM and 11 AM, for 2 months or till final report is filed, whichever is earlier.
c) The petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
d) The petitioner shall surrender his passport before the court below or if he does not have one, he shall file an affidavit to that effect within five days of his release. Application for release of the passport, if any, shall be considered by the court having jurisdiction.
e) The petitioner shall not commit any offence while he is on bail.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.