KUMAR RAJARATNAM, J. ( 1 ) THE petitioner is the first accused in Crime No. 304 of 1997 in C. C. No. 8282 of 1995, on the file of C. O. D. for the offences punishable under Sections 403, 406, 418, 420, 468 and 120-B read with Section 34 of the Indian Penal Code. ( 2 ) THE petitioner in this case seeks regular bail. Mr. Sambamurthy, learned Counsel for the petitioner submitted that the petitioner was arrested on 5-11-1995 and has been in custody throughout till this date. He has been in custody for exactly two years and one month. He also submitted that the petitioner is unwell and he requires medical treatment. He also submitted that the Court has referred the petitioner to the hospital for treatment, and all the co-accused have been enlarged on bail. ( 3 ) THIS Court was pleased to refuse bail to the petitioner in criminal Petition No. 2886 of 1996 by an order dated 10th of january, 1997. The bail was refused by this Court on the ground that it was submitted by the learned Public Prosecutor that the case was ready for trial and the same was posted on 15-1-1997. At paragraph (6) of this Court's order it was stated that:"if the trial does not commence as represented by the state on 15-1-1997 and if there is any delay in examining the witnesses, the petitioner is at liberty to move the Court for bail". ( 4 ) IT was also submitted that being aggrieved by the order declining the bail, the petitioner moved the Supreme Court and the Supreme Court dismissed the S. L. A. (Criminal) No. 358 of 1997 by an order dated 10-1-1997. The Supreme Court rejected the S. L. A. dated 10-1-1997 with the following order: "the petition is rejected at this stage". ( 5 ) THIS is a second bail application filed by the petitioner before this Court. It was submitted by Mr. Sambamurthy, learned Counsel for the petitioner, that the petitioner has been in custody throughout the investigation and has been in custody for more than two years. Maximum sentence under Section 420, IPC is seven years. It was further submitted that there has been violation of Section 437 (6), Cr. It was submitted by Mr. Sambamurthy, learned Counsel for the petitioner, that the petitioner has been in custody throughout the investigation and has been in custody for more than two years. Maximum sentence under Section 420, IPC is seven years. It was further submitted that there has been violation of Section 437 (6), Cr. P. C. , which reads as follows:"if, in any case triable by a Magistrate, the trial of a person accused of any non-bailable offence is not concluded within a period of sixty days from the first date fixed for taking evidence in the case, such person shall, if he is in custody during the whole of the said period, be released on bail to the satisfaction of the Magistrate, unless for reasons to be recorded in writing, the Magistrate otherwise directs". Learned Counsel for the petitioner, submitted that a reading of Section 437 (6), Cr. P. C. , it would make it clear that if the trial is not concluded within a period of sixty days from the first date fixed for taking evidence in the case, such person if he has been in custody for the whole of the said period, be released on bail to the satisfaction of the Magistrate, unless for reasons to be recorded in writing, the Magistrate otherwise directs. ( 6 ) THE ingredients of Section 437 (6), Cr. P. C. are. (1) All the offences require that the case be triable by a magistrate; (2) The offences must be non-bailable offences; (3) The trial is not completed within 60 days from the date fixed for taking evidence in the case; (4) The person is in custody during the whole of the said period. (emphasis supplied) there is an implied rider to Section 437 (6), Cr. P. C. that the delay in completing the trial should not be caused at the instance of the accused. If all these conditions are fulfilled, the accused will be entitled to bail unless for reasons recorded in writing by the Magistrate. Section 437 (6), Cr. P. C. is somewhat analogous to Section 167 (2), Cr. P. C. In Section 167 (2), the word used is 'shall'. In section 437 (6), the words used is "to be released on bail" "unless for reasons to be recorded in writing". However, the object is the same. Section 437 (6), Cr. P. C. is somewhat analogous to Section 167 (2), Cr. P. C. In Section 167 (2), the word used is 'shall'. In section 437 (6), the words used is "to be released on bail" "unless for reasons to be recorded in writing". However, the object is the same. The object is to speed up trial without unnecessarily detaining the person as an undertrial prisoner. ( 7 ) IN this case, it is common ground that the case was posted for evidence on 15-1-1997. The application for bail under Section 437 (6), Cr. P. C. was moved on the 63rd day after 15-1-1997. We are now on 5-12-1997 when the matter came up before this court. Even to this day, after nearly one year, only about 19 witnesses have been examined out of 240 witnesses. By no stretch of logic can all these 200 and odd witnesses be examined immediately. It may take a few more months. ( 8 ) THE petitioner has been in custody in this case continuously for two years and one month. The maximum sentences prescribed under law is as follows: under Section 403, IPC two years or with fine or with both. Under Section 406, IPC three years or with fine or with both. Under Section 418, IPC three years or with fine or with both. Under Section 420, IPC seven years and also be liable to fine. Under Section 468, IPC seven years and also be liable to fine. Under Section 120 (b), IPC two years or upwards. In all these offences maximum sentence is seven years. ( 9 ) THE petitioner has been in continuous custody for over two years and one month. For the above said reasons, the petitioner shall be enlarged on bail on his furnishing a surety for a sum of rs. 10,000/- and two like sums to the satisfaction of the IV additional Chief Metropolitan Magistrate, Bangalore City, with the following conditions: (1) Petitioner shall appear before the Trial Court on all dates as and when the case is called and shall also be present in the Trial Court whenever required by the trial Court; (2) Petitioner shall not leave the City of Bangalore; (3) He shall appear before the I. O. every week on Mondays between 10 a. m. and 12 noon; (4) He shall not tamper with the witnesses. If any one of the conditions are violated, the State is at liberty to move for cancellation of bail. --- *** --- .