IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 30TH AUGUST 2010 / 8TH BHADRA 1932 Bail Appl..No. 4966 of 2010() ----------------------------- CRIME NO.604/2010 OF KASABA POLICE STATION, PALAKKAD CRMP.2422/2010 of J.M.F.C.-I,PALAKKAD .................... PETITIONERS/ACCUSED NO.1 AND 2 -------------------------------------------------- 1. ANEESH, AGED 26 YEARS, S/O.GOPI, MOOLASSERY HOUSE, THURAVUR, ANGAMALY, ERNAKULAM. 2. GIBIN MATHEW, AGED 23 YEARS, S/O.MATHEW, NIRAPEL HOUSE, KODIKULAM, THODUPUZHA. BY ADV. SRI.JAISON JOSEPH RESPONDENT(S): -------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KASABA POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No.4966 of 2010 ------------------------------- DATED: 30.08.2010 O R D E R Petitioners who are accused Nos.1 and 2 in Crime No.604 of 2010 of Kasaba Police Station, Palakkad, for an offence punishable under Sec.55(a) of the Abkari Act, seeks 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 petitioner. 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 their executing a bond for Rs. 25,000/- (Rupees twenty five thousand only) each 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 A.No.4966 of 2010 -:2:- 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 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. V.RAMKUMAR, JUDGE sj