IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 10TH AUGUST 2010 / 19TH SRAVANA 1932 Bail Appl..No. 4244 of 2010() ----------------------------------------- CRIME NO.24/2009 OF KATTAKKADA EXCISE RANGE. .................. PETITIONER/ACCUSED NO.1 ------------------------------------------- VINOD, AGED 36 YEARS, S/O.MADHAVA PANICKER, RESIDING AT M.P.XIV/312, OLIPPUNADA, MALAYINKIL DESOM, MALAYINKAL VILLAGE. BY ADV. SRI.R.T.PRADEEP RESPONDENT/COMPLAINANT -------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. V. RAMKUMAR, J. = = = = = = = = = = = Bail Application No.4244 of 2010 = = = = = = = = = = = = = = = DATED: 10th day of August, 2010 O R D E R Petitioner, who is the 1st accused in Crime No.24/2009 of Kattakkada Excise Range for offences punishable under Secs. 55 (a) and 64A of the Abkari Act for allegedly having been found in possession of 350 litres of spirit on 20.5.2009 and who was also arrested on 31.5.2010, 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.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M. Court, Kattakkada and subject to the following conditions:- Bail Application No.4244 of 2010 2 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. 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 dmb