IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 2ND FEBRUARY 2007 / 13TH MAGHA 1928 Bail Appl..No. 681 of 2007() ---------------------------- AGAINST THE ORDER DATED 07/12/2006 IN ORDER IN CMP.6240/2006 & 6241/06 of J.M.F.C.,ALATHUR .................... PETITIONER/2ND ACCUSED --------------------------- SATHEESH S/O.SREEDHARAN, 27 YEARS, VARIYAMPAAM HOUSE, PARA, ELAPPULLY (CUSTODY). BY ADV. SRI.M.V.PAULOSE RESPONDENT/COMPLAINANT: ------------------------------- CIRCLE INSPECTOR OF POLICE, VADAKKENCHERY POLICE STATION. BY PUBLIC PROSECUTOR SHRI JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/02/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - BAIL APPLICATION NO. 681 OF 2007 - - - - - - - - - ----------------------- - - - - - - DATED THIS THE 2nd DAY OF FEBRUARY, 2007 O R D E R Petitioner who is the 2nd accused in Crime No.579/06 of Vadakkancherry Police Station for an offence punishable under section 55(a) of the Abkari act for allegedly facilitating transportation of 11800 litres of spirit on 5.12.2006 and who was arrested on 5.12.2006, seeks his enlargement on bail. 2. Even though the learned Public Prosecutor opposed the application, he fairly conceded that final report has not been filed in the case even after 60 days of detention of the petitioner. If so, by virtue of the proviso to section 167(2) Cr.P.C., the petitioner is entitled to 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 J.F.C.M.,Alathur 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. BA.681/07 Page numbers 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 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. dsn