IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 Bail Appl..No. 8113 of 2010() -------------------------------------- CRIME NO.7/2010 OF EXCISE ENFORCEMENT AND ANTI NARCOTIC CELL, ERNAKULAM. ........... PETITIONER/ACCUSED -------------------------------------- SUDHEER,AGED 33 YEARS,S/O.MUSTAFA, VALIYAKALATHINKAL PARAMBU HOUSE,THRIVARNA ROAD, ELAMAKKARA,KALOOR,ERNAKULAM DISTRICT. BY ADV. SRI.T.P.SANTHOSH KUMAR RESPONDENT(S): COMPLAINANT --------------------------------------------------- 1. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HON'BLE HIGH COURT OF KERALA, ERNAKULAM. 2. STATE OF KERALA,REPRESENTED BY CIRCLE INSPECTOR OF EXCISE,ENFORCEMENT AND ANTI NARCOTIC SPECIAL BRANCH CELL,ERNAKULAM DISTRICT. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. ------------------------------------------------- Bail Application No.8113 of 2010 -------------------------------------------------- Dated this the 13th day of December, 2010 ORDER The petitioner, who is the accused in Crime No.7 of 2010 of Excise Enforcement & Anti Narcotic Cell, Ernakulam, for an offence punishable under Section 22(c) of 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 Sec.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 `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:- 1. The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. Bail Appln.No.8113 of 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