Sudhakaran vs State of Kerala

V. Ramkumar, J.—Petitioner, who is accused No. 5 in Crime No. 5 of 2010 of Kothamangalam Excise Range, for an offence punishable u/s 21(C) of the N.D.P.S. Act, 1985, seeks his enlargement on bail.

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 Section 167(2) Code of Criminal Procedure the Petitioner is entitled to be released on bail as of right.

Accordingly, the Petitioner is directed to be released on bail on his executing a bond for Rs. 50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate concerned and subject to the following conditions:

The Petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays till the filing of the final report.

The Petitioner shall not directly or indirectly make any inducement, threat or promise to any person who is acquainted with the facts of the case so as to dissuade him or her from disclosing any information to the court or to the police.

The Petitioner shall not establish any contact with any of the witnesses or accused in the case.

The Petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution.

The Petitioner shall not commit any offence while on bail.

The Petitioner shall notify his place of residence before executing the bail bond.

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 24th day of June, 2011.