IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932 Bail Appl..No. 1768 of 2011() --------------------------------------- CRIME NO.3/2011 OF NEDUMANGAD EXCISE RANGE, THIRUVANANTHAPURAM DISTRICT. .................... PETITIONER (S): ACCUSED ----------------------------------------- RETNAKARAN @ SANKARAN, S/O.KUTTAN, DEEPU BHAVAN, VAVARAKONAM, CHAYAM, CHITTUVEETTU MURI, THOLICODE VILLAGE, NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADVS. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR SRI.K.S.PRAVEEN RESPONDENT(S): COMPLAINANT ------------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. ==================== B.A. No. 1768 of 2011 ===================== Dated this the 16th day of March, 2011. O R D E R Petitioner who is the sole accused in Crime No.3 of 2011 of Nedumangad Excise Range, for offences punishable under Sections 55(i) and (1) of the Abkari 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 ` 35,000/- (Rupees thirty five thousand 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 till the filing of the final report. B. A.No.1768/2011 -:2:- 2. The petitioner 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. 3. The petitioner shall not establish any contact with any of the witnesses or accused in the case. 4. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 5. The petitioner shall not commit any offence while on bail. 6. The petitioner shall notify his place of residence before executing the bail bond. 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. sd/- V.RAMKUMAR, JUDGE. rv //True Copy// P.A to Judge. B. A.No.1768/2011 -:3:-