IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 20TH SEPTEMBER 2010 / 29TH BHADRA 1932 Bail Appl..No. 5639 of 2010() ---------------------------------- (CRIME NO. 432/2010 OF KUMBLA POLICE STATION, KASARAGOD DISTRICT.) ....... PETITIONER(S)/ACCUSED: -------------------------------- IQBAL.C.A. @ MUHAMMED IQBAL AGED 35 YEARS, S/O.AHMAD, NAFEESA MANZIL, KEEZHOOR, KALANAD VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENT(S): COMPLAINANT & STATE: -------------------------------------------------- 1. STATE-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, (CRIME NO.432 OF 2010 OF KUMBALA POLICE STATION) KASARAGOD DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ V. RAMKUMAR, J. ------------------------------- Bail Application No. 5639 of 2010 --------------------------------------------- DATED: 20th day of September, 2010 O R D E R Petitioner, who is the 2nd accused in Crime No.432/2010 of Kumbala Police Station for an offence punishable under Sec. 55 (a) 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 Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M Court-I, Kasaragod and subject to the following conditions:- Bail Application No. 5639 of 2010 2 1. Petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. 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. 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 dmb