IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 Bail Appl..No. 1491 of 2009() ----------------------------- CR.NO.18/2009 OF PATHANAMTHITTA EXCISE RANGE CMP.859/2009 of J.M.F.C.-I,PATHANAMTHITTA .................... PETITIONER/ACCUSED NO.1 ------------------------------------------- KANAKAN, S/O.RAMACHANDRAN, AGED 36 YEARS CHARIVUPURAIDATHIL HOUSE, KEEZHCHERRYMEL MURI, CHENGANNUR TALUK. BY ADV. SRI.AJITH MURALI RESPONDENT(S): COMPLAINANT ---------------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Bail Application No.1491 of 2009 ------------------------------- DATED: 7.04.2009 O R D E R Petitioner, who is the sole accused in C.R. No.18 of 2009 of Pathanamthitta Excise Range for an offence punishable under Secs.55(a) of the Abkari Act for allegedly having been found in possession of 150 litres of spirit on 6.2.09 and who was also arrested on the same day, 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, Pathanamthitta and subject to the following conditions:- Bail A.No.1491/09 -: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 sj