IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 7TH SEPTEMBER 2010 / 16TH BHADRA 1932 Bail Appl..No. 5078 of 2010 -------------------------------------- (CRIME NO.529/2010 OF ANCHALUMMOODU POLICE STATION, KOLLAM DISTRICT) ........... PETITIONER/2ND ACCUSED: ----------------------------------------- BIJU, S/O.GOPINANTHAN, VALUTHUNDIL VEEDU, NEAR ST.MARY'S ORTHODOX CHURCH, KADAMPOIKA, NEDUMBAYIKULAM, EZHUKONE VILLAGE. BY ADVS. SRI.PRATHEESH.P, SRI. SIJU KAMALASANAN. RESPONDENT/STATE: -------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSEPCTOR OF POLICE, ANCHALUMMOODU POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/09/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V. RAMKUMAR, J. ------------------------------- Bail Application No. 5078 of 2010 ------------------------------------------ Dated this the 7th day of September, 2010 O R D E R Petitioner, who is the 2nd accused in Crime No.529/2010 of Anchalummoodu Police Station, Kollam for an offence punishable under Section 55 (a) & (i) 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. 25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M-I, Kollam and subject to the following conditions:- 1. Petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. B.A.No. 5078/2010 2 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. Dated this the 7th day of September, 2010 V.RAMKUMAR, JUDGE ln