- (1.) Petitioner, who is accused No. 5 in Crime No. 5 of 2010 of Kothamangalam Excise Range, for an offence punishable under Section 21(C) of the N.D.P.S. Act, 1985, 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 Section 167(2) Code of Criminal Procedure 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 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: 1. 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. 2. 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. 3. The Petitioner shall not establish any contact with any of the witnesses or accused in the case.;