IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 29TH SEPTEMBER 2010 / 7TH ASWINA 1932 Bail Appl..No. 5907 of 2010 (C) ----------------------------- (CRIME NO.1/2010 OF PALAKKAD EXCISE RANGE). PETITIONER/2ND ACCUSED ------------------------------------------ T.M.ABDUL AZEEZ @ AZEEZ, AGED 28 YEARS, S/O.MUSTHAFA, THANI HOUSE, PERUMATTOM, MUVATTUPUZHA, ERNAKULAM. BY ADV. SRI.VINUCHAND RESPONDENT: -------------------- STATE OF KERALA, REP. BY EXCISE RANGE OFFICER, PALAKKAD EXCISE RANGE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI.C.S.HRITHWIK. THIS BAIL APPLICATION HAVING COME FOR ADMISSION ON 29/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.5907 of 2010 ------------------------------------------------ Dated this the 29th day of September, 2010 ORDER The petitioner, who is accused No.2 in Crime No.1 of 2010 of Palakkad Excise Range for an offence punishable under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances 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 Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like amount to the satisfaction of the Sessions Court, Palakkad 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 Bail Appln.No.5907/2010 : 2 : 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. 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