IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 3RD SEPTEMBER 2010 / 12TH BHADRA 1932 Bail Appl..No. 4943 of 2010() ----------------------------- CRMP.2772/2010 of J.M.F.C.-I,PALAKKAD (CRIME NO.26/2008 OF PALAKKAD EXCISE RANGE) .................... PETITIONER/ACCUSED -------------------------------------- RAMACHANDRAN, S/O.SANKARANKUTTY WARRIOR, AGED 29 YEARS, THRIKOVILMADAM, VADAKKANCHERY, THRISSUR DISTRICT. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK SRI.M.S.UNNIKRISHNAN (OASIS) RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA,REPRESENTING EXCISE RANGE OFFICER, PALAKKAD, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI C S HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No. 4943 of 2010 ------------------------------- DATED: 03-09-2010 O R D E R Petitioner, who is the 2nd accused in Crime No. 26 of 2008 of Palakkad Excise Range for an offence punishable under Section. 55(a) of the Abkari 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. 1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M-I, Palakkad 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. 2. Petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. B.A.No. 4943/2010 2 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. Dated this the 3rd day of September, 2010 V.RAMKUMAR, JUDGE ln