IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 6TH SEPTEMBER 2010 / 15TH BHADRA 1932 Bail Appl..No. 4795 of 2010() ----------------------------- CMP.6113/2010 of J.M.F.C.-I,NEYYATINKARA CRIME NO.10/2009 OF THIRUPURAM EXCISE RANGE .................... PETITIONER/3RD ACCUSED -------------------- SELVARAJAN NADAR,S/O.RAGHAVAN NADAR NEAR VAZHIMUKKU PENTACOST CHURCH PARANIYAM,PUTHIATHURA DESOM, KARUMKULAM VILLAGE. BY ADV. SRI.BLAZE K.JOSE RESPONDENT(S): / COUNTER PETITIONER --------------- STATE OF KERALA REP BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, REPRESENTING EXCISE INSPECTOR, THIRUPURAM EXCISE RANGE. PUBLIC PROSECUTOR MR.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No.4795 of 2010 --------------------------------------------- DATED: 6th day of September, 2010 O R D E R Petitioner, who is the 3rd accused in Crime No.10/2009 of Thirupuram Excise Range, Thiruvananthapuram for offences punishable under Secs. 55(a), 58 and 67B of the Abkari Act I of 1077, 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-I, Neyyattinkara and subject to the following conditions:- Bail Application No.4795 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. Dated this the 6th day of September, 2010 V.RAMKUMAR, JUDGE dmb