IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 7TH JANUARY 2011 / 17TH POUSHA 1932 Bail Appl..No. 8755 of 2010() ---------------------------- CRIME NO. 439/2010 OF MUNNAR POLICE STATION, IDUKKI DISTRICT ........................ PETITIONER / ACCUSED: ------------------------------------ RAMRAJ, AGED 42 YEARS, S/O.RAMASWAMY, 10 MURI LAYAM, CHITTUVARA ESTATE, NORTH DIVISION, K.D.H.VILLAGE, DEVIKULAM TALUK. 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, MUNNAR POLICE STATION. R1 & R2 BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn V. RAMKUMAR, J. ------------------------------------------------- Bail Application No.8755 of 2010 -------------------------------------------------- Dated this the 7th day of January, 2011 ORDER The petitioner, who is accused No.1 in Crime No.439 of 2010 of Munnar Police Station, for an offence punishable under Section 8(1) & (2) 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 `3,00,000/- (Rupees Three lakhs 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.8755 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