IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 Bail Appl..No. 1516 of 2009() ----------------------------- CMP.329/2009 of J.M.F.C., CHENGANNUR .................... PETITIONER/ACCUSED:- ------------------------------ SREENIVASAN, S/O.NARAYANAN, AGED 43 YEARS, CHAKKALATH VEEDU, ERAMATHOOR MURI, THRIPERUTHARA VILLAGE, MAVELIKKARA MURI. BY ADV. MR. AJITH MURALI RESPONDENT/ COMPLAINANT:- ----------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM. ADV. MR. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =================== Bail Application No. 1516 of 2009 =================== Dated this the 23rd day of March, 2009. O R D E R Petitioner who is the sole accused in C.R. No. 8 of 2009 of Mavelikkara Excise Range for offences punishable under Sections 8(1) and (2) of the Abkari Act for allegedly having been found in possession of 10 litres of arrack on 27.07.2009 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. 35,000/- (Rupees thirty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M., Chengannur and subject to the following conditions:- 1. The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. B. A.No. 1516/2009 -:2:- 2. The 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, including custodial interrogation as and when required by the investigating officer. 4. The 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 23rd day of March, 2009. V.RAMKUMAR, JUDGE. rv