IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 26TH NOVEMBER 2010 / 5TH AGRAHAYANA 1932 Bail Appl..No. 7615 of 2010() ----------------------------------------- (CRIME NO.9/2009 OF EXCISE ENFORCEMENT AND ANTI-NARCOTIC SPECIAL SQUAD, KOTTAYAM) ....... PETITIONER (S): ACCUSED: ------------------------------------------- SHINE JOSEPH, S/O.JOSEPH, AGED 39 YEARS, MADATHIKUZHIYIL HOUSE, ANAPPARA KARA, RAJAKKADU VILLAGE, UDUMBANCHOLA TALUK. BY ADV. SRI.S.RAJEEV RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO. 9/2009 OF EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, KOTTAYAM) BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/11/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ------------------------------- Bail Application No. 7615 of 2010 ------------------------------- Dated this the 26th day of November, 2010. O R D E R Petitioner who is the 3rd accused in Crime No.9 of 2009 of Excise Enforcement and Anti-Narcotics Special Squad, Kottayam for an offence punishable under Section 20(b)(ii)(C) of the NDPS 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 Rs.2,00,000/- (Rupees two 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. Petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. B.A. No. 7615/2010 : 2: 2. Petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt 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. 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. rv