IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 18TH MARCH 2011 / 27TH PHALGUNA 1932 Bail Appl..No. 1957 of 2011() ----------------------------- CR.NO.6/2011 OF VENMONY POLICE STATION CMP.220/2011 of J.M.F.C.-I, CHENGANNUR .................... PETITIONERS/ACCUSED 2&3 ---------------------------------------- 1. AMAL BABU, S/O.BABU THOMAS, PUTHENKARAYIL, PALLIKKAVALA MURI, VADAYAR VILLAGE VAIKKAM TALUK. 2. SANIL S/O.BOSE, CHANAYIL VEEDU, NEAR MANAKKAPPADY JUNCTION,KARIMALOOR VILLAGE NORTH PARAVOOR TALUK. BY ADV. SRI. K.SHAJ SRI.SAJJU.S RESPONDENT(S): / COMPLAINANT -------------------------------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR MR.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dmb V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No. 1957 of 2011 ------------------------------------------------ Dated this the 18th day of March, 2011 ORDER Petitioners, who are accused Nos. 2 and 3 in Cr. No.6/2011 of Venmony Police Station, for offences punishable under Sections 8(1) & (2) and 55(a) & (i) of the Abkari Act, 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 Section 167(2) Cr.P.C. the petitioners are entitled to be released on bail as of right. 3. Accordingly, the petitioners are directed to be released on bail on each of them executing a bond for Rs.3,00,000/- (Rupees three lakh only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate concerned and subject to the following conditions:- 1. Petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. Bail Appln.No. 1957/ 2011 -:2:- 2. Petitioners 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 or to any other person in authority . 3. Petitioners shall make themselves available for interrogation as and when required by the investigating officer at any time till the filing of the final report. 4. Petitioners shall not establish any contact with any of the witnesses or accused in the case. 5. Petitioners shall not influence or intimidate the prosecution witnesses or the victims nor shall they attempt to tamper with the evidence for the prosecution. 6. Petitioners shall not commit any offence while on bail. 7. Petitioners shall notify to the Court their place of residence before executing the bail bond. If the 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 18th day of March, 2011. V.RAMKUMAR, JUDGE. dmb