IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 16TH SEPTEMBER 2010 / 25TH BHADRA 1932 Bail Appl..No. 5532 of 2010() ------------------------------------------ CRIME NO.481/2009 OF KAYAMKULAM POLICE STATION ......... PETITIONER/1ST ACCUSED ------------------------------------------ RAMACHANDRAN S/O.SANKARANKUTTY WARRIOR, AGED 36 YEARS, THRIKOVILMADAM, ENKIKKADU MURI, VADAKKANCHERY VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.C.A.CHACKO RESPONDENT(S): COMPLAINANT ----------------------------------------------- STATE OF KERALA, REPRESENTING DEPUTY SUPERINTENDENT OF POLICE, NARCOTIC CELL, ALAPPUZHA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.5532 of 2010 ------------------------------------------------ Dated this the 16th day of September, 2010 ORDER The petitioner, who is the first accused in Crime No.481 of 2009 of Kayamkulam Police Station, for offences punishable under Sections 55(a) & 8(1) & (2) of the Kerala Abkari Act and 120B of I.P.C., 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.35,000/- (Rupees thirty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kayamkulam 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. Bail Appln.No.5532/2010 : 2 : 2. The 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. 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