IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 Bail Appl..No. 3821 of 2008() ----------------------------- CMP.4711/2008 of J.M.F.C.-I,NEDUMANGAD .................... CRIME NO.142 OF 2008 OF PALODE POLICE STATION PETITIONER --------------------------- MOHANAN @ KARGIL MOHANAN, S/O.SREEDHARA PANICKER,CHARUVILA PUTHAN VEEDU, VETTIKKADU, THOTTUMUKKU,AALAMPARA, ANAD MURI, PALODE VILLAGE. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENTS: ---------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =============================== Bail Application No.3821 of 2008 =============================== DATED: 07.07.2008 O R D E R Petitioner who is the sole accused in Crime No.142 of 2008 of Palode Police Station for an offence punishable under Secs.8(1) & (2) of the Abkari Act for allegedly having been found in possession of 1.900 ml of arrack and who was also arrested on 6.5.2008, 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. 20,000/- (Rupees twenty thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M-I, Nedumangad and subject to the following conditions:- Bail A.No.3821/2008 -:2:- 1. The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The 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, including custodial interrogation as and when required by the investigating officer. 4. The 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 sj Bail A.No.3821/2008 -:3:-