IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 Bail Appl..No. 4406 of 2010() ---------------------------------------- C.R. NO.12/2010 OF ERNAKULAM EXCISE ENFORCEMENT AND NARCOTIC SPECIAL SQUAD. ................. PETITIONER (S):/ 2ND ACCUSED -------------------------------------------------- SHAMEER, S/O.BASHEER, AGED 24 YEARS, KIZHAKKEMADATHIL HOUSE, KARIKKODU KARA, KARIKKODU, THODUPUZHA. BY ADV. SRI.SUNIL V.MOHAMMED RESPONDENT(S): STATE --------------------------------- STATE OF KERALA REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, ERNAKULAM EXCISE ENFORCEMENT AND NARCOTIC SPECIAL SQUAD, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - Bail Application No.4406 of 2010 - - - - - - - - - - - - - - - - Dated this the 12th day of August 2010 O R D E R Petitioner who is the second accused in C.R. No.12/2010 of Ernakulam Excise Enforcement and Narcotic Special Squad allegedly having been found in possession of 884 gms. Of Ganja and who was also arrested on 05/06/2010, 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 Sessions Judge, Ernakulam 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.4406/2010 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. V.RAMKUMAR,JUDGE vdv