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TMI Blog2024 (8) TMI 1067X X X X Extracts X X X X X X X X Extracts X X X X ..... e for a period up to ten years, and the Investigating Officer has not laid the complaint till date. Hence, the petitioners are entitled to be released on compulsive bail, since it is their indefeasible right under Section 167(2) of the Code. The applications are allowed, by directing the petitioners to be released on bail on them executing a bond for Rs.1,00,000/- with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction, which shall be subject to the fulfilment of conditions imposed - bail application allowed. - HONOURABLE MR. JUSTICE C.S. DIAS For the Petitioner : By Adv. M.S. Sajeev Kumar. For the Respondent : By Adv. P.G. Jayashankar (Special Public Prosecutor). COMMON ORDER The applications ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been in judicial custody for the last 61 days, the investigation in the case is not complete and the complaint has not been laid. Therefore, the petitioners are entitled to statutory bail as prescribed under sub-section (2) of Section 167 of the Code of Criminal Procedure (in short, Code ). Hence, the bail applications may be allowed. 5. The learned Special Public Prosecutor seriously opposed the application. He submitted that the investigation is in progress. He submitted that if the petitioners are enlarged on bail, since they are Malaysian citizens, they may flee from justice. Therefore, the applications may be dismissed. 6. The prosecution allegation against the petitioners is that, they were each, found in conscious possession of 1875 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ase or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction: Provided that [(a) the Magistrate may authorise the detention of the accused person, otherwise than in custody of the police, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this paragraph for a total period exceeding (i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years; (ii) sixty days, where the investigation relates to any other offence, and, on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , I allow the bail application. In the result, the applications are allowed, by directing the petitioners to be released on bail on them executing a bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction, which shall be subject to the following conditions: (i) The petitioners shall appear before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m till the filing of the complaint. They shall have also appear before the Investigating Officer on every third Saturday till the conclusion of the trial in O.S No.219 of 2024; (ii) The petitioners shall not directly or indirectly make any inducement, threat or procure to any person acquaint ..... X X X X Extracts X X X X X X X X Extracts X X X X
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