IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 30TH JUNE 2011 / 9TH ASHADHA 1933 Bail Appl..No. 4531 of 2011() ----------------------------- CRMP.1300/2011 of D.C. & SESSIONS COURT,KOLLAM CRIME NO. 13/2011 OF CHATHANOOR EXCISE RANGE KOLLAM .................... PETITIONER: ACCUSED: -------------------- NOUSHAD, S/O.KHALID, AGED 34, PERUMANA THODIYIL VEEDU, CHIRAVAYAL, ERAVIPURAM VILLAGE, KOLLAM. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENT: --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------------------------- Bail Appln.No.4531 of 2011 --------------------------------------------------- Dated this the 30th day of June, 2011. ORDER Petitioner, who is the sole accused in Crime No.13 of 2011 of Chathanoor Excise Range, for an offence punishable under Section 20(b)(ii) (B) 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 Section 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 `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. The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays till the filing of the final report. 2. The petitioner shall not directly or indirectly make any inducement, threat or promise to any person who is acquainted with the facts of the case so as to dissuade him or her from disclosing any information to the court or to the police. Bail Appln.No.4531/2011 : 2 : 3. The petitioner shall not establish any contact with any of the witnesses or accused in the case. 4. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 5. The petitioner shall not commit any offence while on bail. 6. The petitioner shall notify his place of residence before executing the bail bond. 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. Dated this the 30th day of June, 2011. V.RAMKUMAR, JUDGE. skj