IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 19TH JANUARY 2011 / 29TH POUSHA 1932 Bail Appl..No. 313 of 2011() -------------------------------------- CRIME NO.916/2010 OF MUNNAR POLICE STATION, IDUKKI DISTRICT ----------------------- PETITIONER/ACCUSED NO.2 ------------------------------------------- PRABHAKARAN, S/O. PONNUPILLA, 10 MURI LAYAM, WEST DIVISION, NYMAKKAD ESTATE, KDH VILLAGE, IDUKKI DISTRICT, DEVIKULAM TALUK. BY ADV. SRI.JAISON JOSEPH RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, MUNNAR POLICE STATION. PIN- 685 618 R1 & R2 BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/01/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V. RAMKUMAR, J. ------------------------------------------------- Bail Application No.313 of 2011 -------------------------------------------------- Dated this the 19th day of January, 2011 ORDER The petitioner, who is accused No.2 in Crime No.916 of 2010 of Munnar Police Station, for an offence punishable under Section 8(1) & (2) of Abkari Act, seeks his enlargement on bail. 2. The learned Public Prosecutor on instructions submitted that no final report has been filed even after 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 `3,00,000/- (Rupees Three lakhs only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate concerned and subject to the following conditions:- 1. The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt Bail Appln.No.313 of 2011 -:2:- to tamper with the evidence for the prosecution. 3. The petitioner shall make himself available for interrogation as and when required by the investigating officer. 4. The petitioner shall not commit any offence while on bail. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above. V.RAMKUMAR, JUDGE skj