IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 2ND NOVEMBER 2010 / 11TH KARTHIKA 1932 Bail Appl..No. 6883 of 2010() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.6164/2010 .................... CR NO.31/2010 OF THALASSERY POLICE STATION PETITIONER --------------------- 1. ASHOKAN P.K., S/O.KANNAN CHALIL V CEETTIL HOUSE,KUTTIYADI AMSOM VADAYAM DESOM, VATAKARA TALUK. 2. UNEESH K.P, S/O.NANU KIZHAKKEPARAMBATH HOUSE, KUNNUMMAL AMSOM KAKKATTIL DESOM, VATAKARA. BY ADV. SRI.B.S.SWATHY KUMAR RESPONDENT(S): -------------------------- STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No.6883 of 2010 ------------------------------- DATE: 02.11.2010 O R D E R Petitioners, who are accused Nos.1 and 2 in C.R.No.31/2010 of Thalassery Excise Range, for offences punishable under Sections 55(a) and 67(b) of Abkari Act read with 9 and 26 of the F.L.Rules 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. 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 the petitioners executing a bond for `1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate concerned and subject to the following conditions:- Bail A.No.6883 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. The 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 the petitioner commits breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed as above. V.RAMKUMAR, JUDGE sj