Kerala High Court
Shine Joseph vs State Of Kerala on 26 November, 2010
Author: V. Ramkumar
Bench: V.Ramkumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7615 of 2010()
1. SHINE JOSEPH,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.S.RAJEEV
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :26/11/2010
O R D E R
V. RAMKUMAR, J.
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Bail Application No. 7615 of 2010
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Dated this the 26th day of November, 2010.
O R D E R
Petitioner who is the 3rd accused in Crime No.9 of 2009 of Excise Enforcement and Anti-Narcotics Special Squad, Kottayam for an offence punishable under Section 20(b)(ii)(C) of the NDPS 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.2,00,000/- (Rupees two lakhs only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate concerned 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. 7615/2010 : 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.
rv