IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 16TH FEBRUARY 2011 / 27TH MAGHA 1932 Bail Appl..No. 787 of 2011() --------------------------- CRIME NO. 859/2010 OF BAKEL POLICE STATION, KASARAGOD DISTRICT ................................. PETITIONERS / ACCUSED : -------------------------------------- 1. ASHIM, S/O.MUHHAMMAD KUNHI, AGED 28 YEARS, BEVINCHA, MUNDANKALAM HOUSE, CHANGALA VILLAGE, KASARAGOD TALUK, KASARAGOD DISTRICT. 2. M.GANESH, S/O.KUNHIRAMAN NAIR, AGED 32 YEARS, MANNYAM HOUSE, CHATTANCHAL, THEKKIL VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT / COMPLAINANT : ------------------------------------------------ THE STATION HOUSE OFFICER, BEKAL POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn V. RAMKUMAR, J. ------------------------------- B.A. No. 787 of 2011 ------------------------------- Dated this the 16th day of February, 2011. O R D E R Petitioners who are accused Nos. 1 and 2 in Crime No. 859 of 2010 of Bekal Police Station, for an offence punishable under Section 55(a) of the Abkari Act, seek 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 petitioners. 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 each of them executing a bond for `1,00,000/- (Rupees one lakh only) 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. B.A.No. 787/2011 : 2: 2. Petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 3. 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. rv