IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 19TH OCTOBER 2010 / 27TH ASWINA 1932 Bail Appl..No. 6464 of 2010() ----------------------------- CMP.7183/2010 of J.M.F.C.,KUNNAMKULAM CRIME NO.16/2010 OF KUNNAMKULAM EXCISE RANGE, THRISSUR .................... PETITIONER/ACCUSED -------------------------------------- JOMON, AGED 23 YARS, S/O.JOSE, PAYYAPPILLY VEETTIL, EDALAKKAD DESOM, MOOKKANNOOR VILLAGE, ALUVA TALUK. BY ADV. SRI.JAISON JOSEPH RESPONDENT(S): ------------------------ 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, KUNNAMKULAM EXCISE RANGE - 680523 PUBLIC PROSECUTOR MR.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dmb V. RAMKUMAR, J. ------------------------------- Bail Application No.6464 of 2010 --------------------------------------------- DATED: 19th day of October, 2010 O R D E R Petitioner, who is the sole accused in Crime No.16/2010 of Kunnamkulam Excise Range for an offence punishable under Section 55(a) of the Abkari Act, seeks his enlargement on bail. The petitioner was arrested on 20.8.2010. 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.3,00,000/- (Rupees Three Lakh only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M Court, Kunnamkulam and subject to the following conditions:- Bail Application No.6464 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. 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