IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 30TH NOVEMBER 2010 / 9TH AGRAHAYANA 1932 Bail Appl..No. 7165 of 2010() ------------------------------------------- (CR.NO.57/2009 OF EXCISE RANGE OFFICE, UDUMBANCHOLA, IDUKKI DISTRICT) ........... PETITIONER/ACCUSED: ---------------------------------- THANKAPPAN, S/O.KUTTAN, CHERUVILPUTHEN VEEDU, POOPPARA KARA, POOPPARA VILLAGE, UDUMBANCHOLA TALUK. BY ADV. SRI.S.RAJEEV RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (CR NO.57/2009 OF EXCISE RANGE OFFICER, UDUMBANCHOLA, IDUKKI DISTRICT). BY PUBLIC PROSECUTOR SRI.C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ------------------------------- Bail Application No.7165 of 2010 ---------------------------------------- Dated this the 30th day of November, 2010. O R D E R Petitioner, who is the sole accused in C.R.No.57/2009 of Excise Range, Udumbanchola for an offence punishable under Section 8(1) & (2) 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.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate concerned 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. B.A.No.7165/2010 2 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 ln