IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 18TH MARCH 2009 / 27TH PHALGUNA 1930 Bail Appl..No. 966 of 2009() ---------------------------- CRIME NO. 40/2009 OF KOLLAM WEST POLICE STATION PETITIONERS/ACCUSED NO.1 AND 2 -------------------------------------------------- 1. ANILAL @ ANI, S/O.LAKSHMANAN, THENGAZHIKATHU VEEDU, NEAR KOCHU DECENT MUKKU, PUNTHALATHAZHATHU CHERI, VADAKKEVILA VILLAGE(A1) 2. ANIL KUMAR @ ANIYAN, S/O.VASUDEVAN PILLAI, LAL BHAVANAM VEEDU, NEAR KOCHU DECENT MUKKU, PUNTHALATHAZHATHU CHERI, VADAKKEVILA VILLAGE(A2). BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KOLLAM WEST POLICE STATION. PUBLIC PROSECUTOR SRI M.S. BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 966 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 18th day of March, 2009 O R D E R Petitioners who are accused 1 and 2 in Crime No. 40/2009 of Kollam West Police Station for offences punishable under Section 55(a) and (i) of the Abkari Act for allegedly having been found in possession of 66 litres of spirit for sale on 17-1-2009 and who were also arrested on 17-1-2009 , seek their 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 petitioners. If so, by virtue of the proviso to sec.167(2) Cr.P.C. the petitioners are entitled to be released on bail as of right. 3. Accordingly, the petitioners directed to be released on bail on their executing a bond for Rs. 1 lakh each (Rupees one lakh) with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate and subject to the following conditions:- 1. The petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. BA 966/09 -2- 2. The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 3. The petitioners shall make themselves available for interrogation, including custodial interrogation as and when required by the investigating officer. 4. The petitioners shall not commit any offence while on bail. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed as above. V. RAMKUMAR, JUDGE. mn.