IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 31ST AUGUST 2010 / 9TH BHADRA 1932 Bail Appl..No. 5053 of 2010() ----------------------------------------- CR.NO.556/2009 OF PARASSALA POLICE STATION, THIRUVANANTHAPURAM DIST. .................... PETITIONERS/ACCUSED NO.2 & 3: -------------------------------------------------- 1. SREEKUMAR, AGED 42 YEARS S/O.MADHAVAN NAIR, CP.XX/181, ALATHARAKKAL NOCHIYOOR DESOM, CHENKAL VILLAGE. 2. SELVARAJAN @ SELVAN, AGED 50 YEARS S/O.RAGHAVAN NADAR, NAMBYADI HOUSE, NEAR PENTECOST CHURCH, VAZHIMUKKU, PARANIYAM, PUTHIYATHURA DESOM, KARUMKULAM VILLAGE. BY ADV. SRI.BLAZE K.JOSE RESPONDENT/COMPLAINANT: ---------------------------------------------- STATE OF KERALA, REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING SUB INSPECTOR , PARASSALA POLICE STATION. BY PUBLIC PROSECUTOR MR.C.S. HRITHWIK. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. V. RAMKUMAR, J. ------------------------------- Bail Application No. 5053 of 2010 --------------------------------------------- DATED: 31st day of August, 2010 O R D E R Petitioners, who are accused Nos.2 and 3 in Crime No. 556/2009 of Parassala Police Station for an offence punishable under Sec. 55 (a) and (b) of the Abkari Act I of 1077, seek their 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 petitioners. If so, by virtue of the proviso to sec.167(2) Cr.P.C. petitioners are entitled to be released on bail as of right. 3. Accordingly, petitioners are directed to be released on bail on each of them executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M Court-II, Neyyattinkara and subject to the following conditions:- Bail Application No. 5053 of 2010 2 1. Petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. Petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 3. Petitioners shall make themselves available for interrogation as and when required by the investigating officer. 4. Petitioners shall not commit any offence while on bail. If petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed as above. Dated this the 31st day of August, 2010 V.RAMKUMAR, JUDGE dmb