IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 19TH NOVEMBER 2010 / 28TH KARTHIKA 1932 Bail Appl..No. 7346 of 2010() ---------------------------------- (CRIME NO. 375/2010 OF NEDUMKANDAM POLICE STATION IDUKKI DISTRICT) ........ PETITIONER/ACCUSED --------------------------- SALIM, AGED 5O YEARS, S/O.MOHAMMEDALI RAWTHER, HIGH RANGE HOTEL, NEDUMKANDAM, PERMENENTLY RESIDING AT THAZHATHETHIL VEETTIL, CHAKKARA VEEDU, MUTTAR BHAGOM, MANGARAM KARA, KOORAMPARA VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.S.RAJEEV RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (CRIME NO.375/2010 OF NEDUMKANDAM POLICE STATION, IDUKKI). PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ V. RAMKUMAR, J. -------------------------- Bail Application No. 7346 of 2010 ---------------------------------------- DATED: 19th day of November, 2010 O R D E R Petitioner, who is the 1st accused in Crime No.375/2010 of Nedumkandam Police Station for offences punishable under Secs. 489 (B) and (C) I.P.C., 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 Magistrate concerned and subject to the following conditions:- Bail Application No. 7346 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. 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